| • Acceptable Use Policy |
• Web Hosting Service Agreement |
This Acceptable Use Policy ("Policy"
or "AUP") describes the Prohibited Uses of Savvy web host's hosting services ("Services"). This Policy
is incorporated within our terms and conditions by reference.
Savvy web host reserves the right to modify the Policy at
any time and the modified policy is effective upon posting
on the Savvy web host website. Any violation of the Policy
may result in the suspension, termination of your account,
or such other action that Savvy web host deems appropriate.
This Policy outlines the uses of our Services that are prohibited
and is by no means exhaustive. By using our Services, you
affirm that you have read and agreed to be bound by the terms
of this policy.
PROHIBITED USES:
Illegal Use:
Savvy web host's servers may be
used only for lawful purposes. Transmission, distribution or
storage of any material in violation of any applicable law or
regulation is prohibited.
Infringement:
Infringement of intellectual property rights or other
proprietary rights including, without limitation, material
protected by copyright, trademark, patent, trade secret,
or other intellectual property right used without proper
authorization. Infringement may result from, among other
activities, the unauthorized copying and posting of
pictures, logos, software, articles, musical works,
and videos.
Offensive Materials:
Transmission, disseminating, sale, storage or hosting material
that is unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, harassing, threatening, harmful, invasive of
privacy or publicity rights, abusive, inflammatory or otherwise
objectionable.
Export Violations:
Posting or sending of software or technical information in violation
of U.S. export laws, including, without limitation, the Export
Administration Act and the Export Administration Regulations
maintained by the Department of Commerce.
Harmful Content:
Disseminating or hosting harmful content including,
without limitation, viruses, Trojan horses, worms, time
bombs, cancelbots or any other computer programming
routines that may damage, interfere with, surreptitiously
intercept or expropriate any system, program, data or
personal information.
Fraudulent Conduct:
Offering or disseminating fraudulent goods, services,
schemes, or promotions (i.e., make money fast schemes, chain
letters, pyramid schemes), or furnishing false data on any signup
form, contract or online application or registration, or the
fraudulent use of any information obtained through the use of
the Services, including without limitation use of credit card
numbers.
SPAM:
Savvy web host's STRICTLY prohibits
the use of spam and all spamming tactics. We take spam
complaints very seriously. Your account can be shut down
immediately at the discretion of Savvy
web host if we detect Spamming associated with
your site.
This included but is not limited to:
1) The sending of Unsolicited Bulk or individual email
associated with or pointing to your domain. (Unsolicited
means that you lack affirmative consent from the recipient)
2) The use of our servers to relay spam.
Network Security:
Violations of system or network security are prohibited,
and may result in criminal and civil liability. Savvy web host will investigate incidents involving such violations
and may involve and/or cooperate with law enforcement authorities
if a criminal violation is suspected. Examples of unlawful
acts, system, or network security violations include, but
are not limited to, the following:
Unauthorized access to or use of data, systems or networks,
including any attempt to probe, damage, scan or test
the vulnerability of a system or network or to breach
security or authentication measures without express
authorization of the owner of the system or network.
Unauthorized access to any data, system, or network
from an unauthorized system or network for any purpose
which is not lawful or which is intended to do harm.
Unauthorized monitoring of data or traffic on any network
or system without express authorization of the owner
of the system or network. Interference with service
to any user, host or network including, without limitation,
mail bombing, flooding, deliberate attempts to overload
a system and broadcast attacks.
Forgery
Electronic forging of any kind to include but not limited
to IP addresses, domains, business names, etc.
Email Usage
Malicious email, including without limitation "mail
bombing" (flooding a user or Web site with very large
or numerous pieces of mail) or "trolling" (posting
outrageous messages to generate numerous responses) is strictly
prohibited.
In addition, you may not use Savvy web
host's mail server or another Web site's mail server
to relay mail without the express permission of the account
holder or the Web site. Posting the same or similar message
to one or more newsgroups (excessive cross-posting or multiple-posting)
also is explicitly prohibited.
Misuse of System Resources
It is a violation for anyone to post information or to include
programs on the web space provided through the Services
which consume excessive bandwidth, CPU time or storage space.
In addition, You will not run daemons or other background
processes without prior authorization from Savvy web host.
INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR
ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN ADVANCED
WEB SITE PUBISHING CUSTOMER OR A CUSTOMER'S END USER, SHALL
BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END
USER.
Savvy web host reserves the right
to cooperate with appropriate legal authorities in investigations
of claims of illegal activity involving Savvy
web host's Services, Customers and other Users. Savvy
web host reserves all other rights to respond to violations
of this Policy to the extent of applicable law and in accordance
with any applicable contractual obligations. •
Web Hosting Service Agreement
This Hosting Service Agreement ("Agreement")
between the account holder ("You") and Savvy
web host sets forth the terms and conditions of Your
use of Savvy web host's web hosting
services. This Agreement as well as any additional rules and
policies, together with all modifications thereto as posted
on our website, constitute the complete and exclusive agreement
between You and Savvy web host
concerning Your use of Savvy web host's
web hosting services and other services ("Services").
This Agreement supersedes and governs all other proposals,
agreements, or any other form of communications made between
You and Savvy web host. By selecting
Savvy web host's web hosting services
You have agreed to establish an account with us for such services
and upon submitting Your application for our Services ("Order")
You acknowledge that You have read, understood and agreed
to be bound by all terms and conditions of relevant policies,
as amended from time to time:
Term and Payment for Services:
Term of Commencement:
Billing is performed on the first of each month. Orders
submitted anytime during the month will be pro-rated for that
month.
Initial Term:
This Agreement will have an initial term equal to that
of the duration of the billing cycle. In the event that
the billing cycle begins at a future date, then this
Agreement shall have an initial term equal to that of
the duration of the billing cycle plus the number of
days until the beginning of the billing cycle.
Renewal Terms:
If You wish to terminate the Services at the end of
the Initial Term or any subsequent Renewal Terms, notice
of intent to terminate must be given in written form,
at least thirty (30) days prior to the termination date.
Phone notification shall not be acceptable. If You fail
to notify Savvy web host of Your intent to terminate
this Agreement, this Agreement will be automatically
renewed for a period equal to the duration of the billing
cycle ("Renewal Term") at Savvy web host's
then-current rates and charges.
Fees and Expenses:
You will pay all fees due according to the prices and terms
selected upon submitting Your Order and at the start of each
Renewal Term thereafter. You agree that failure to indicate
Your intent to terminate our Services grants Savvy
web host the authorization to charge Your credit or debit
card for the amount specified during the Order at start of the
Initial Term and at the start of each Renewal Term. Savvy
web host will not send any invoices regarding charges
made to their credit or debit card. You may use Your credit
card statement as a receipt. Accounts that are past due by more
than thirty (30) calendar days shall be subject to immediate
interruption of Service(s), with or without the grant of a notice
and may constitute a breach of this agreement, such grant of
notice or decision of breach is to be decided at the sole discretion
of Savvy web host. Savvy
web host may charge You a surcharge for repeated failed
credit/debit card transactions and will assess a $50 surcharge
for bounced checks.
Taxes:
You shall pay or otherwise be responsible for all federal, state,
or local sales, use, excise, gross receipts, municipal fees,
transfer, transaction, property, or similar taxes, fees, or
surcharges ("Tax") imposed on, or with respect to,
the Services under this Agreement.
Refunds:
Savvy web host or any of it's affiliates or suppliers
will not refund any setup or pre-paid hosting fees.
Applicable Policies and Guidelines:
The Savvy web host Acceptable Use
Policy (the "Policy") governs the general policies
and procedures for use of the Services. The Policy is posted
above and may be updated from time to time. YOU SHOULD CAREFULLY
READ THE USAGE GUIDELINES. BY USING THE SERVICES, YOU AGREE
TO BE BOUND BY THE TERMS OF THE USAGE GUIDELINES AND ANY MODIFICATIONS
TO THE TERMS. SAVVY WEB HOST MAY
TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE POLICY OR THIS
AGREEMENT.
Services Use:
Bandwidth, Storage, and E-Mail Usage.
For Services, You will not exceed the bandwidth, storage
and E-mail usage limits according to the plan You selected
in the Order. If You use any bandwidth or storage space
in excess of the agreed upon number of megabytes per month
or if You exceed email storage and attachment size limitations,
Savvy web host may, in its sole discretion, assess You with
additional charges, suspend the Service, or terminate this
Agreement. If Savvy web host elects to take any corrective
action, Savvy web host will not refund any unused pre-paid
fees. Your use of Your account and access to it is Your
responsibility. You are responsible for any unauthorized
access to Your account resulting in bandwidth, storage and/or
email usage exceeding the limits in accordance with the
plan chosen in the Order and resultant charges.
Security:
You are solely responsible for any security breaches affecting
servers or accounts under Your control. If your server or
website is responsible for or involved in an attack on or
unauthorized access into another server or system, Savvy web host will shut it down immediately. You will pay any charges
resulting from the cost to correct security breaches affecting
Savvy web host or any of its other customers.
Your License Grant to Savvy web
host:
You grant to Savvy web host a non-exclusive, worldwide,
and royalty-free license for the Initial Term and the Renewal
Term, if applicable, to edit, modify, adapt, translate,
exhibit, publish, transmit, participate in the transfer
of, reproduce, create derivative works from, distribute,
perform, display, and otherwise use Your content as necessary
for the purposes of rendering and operating the Services
to You under this Agreement. You expressly: (a) grant to
Savvy web host a license to cache materials distributed
or made available for distribution via the Services, including
content supplied by third parties, and (b) agree that this
caching is not an infringement of any of Your intellectual
property rights or any third party's intellectual property
rights.
Your Warranties and Representations to Savvy
web host:
You warrant, represent, and covenant to Savvy web host that:
(a) You are at least 18 years of age; (b) You possess the
legal right and ability to enter into this Agreement; (c)
You will use the Services only for lawful purposes and in
accordance with this Agreement and all applicable policies
and guidelines; (d) You will be financially responsible
for the use of Your account; (e) You have acquired or will
acquire all authorization(s) necessary for hypertext links
to third-party Web sites or other content; (f) You have
verified or will verify the accuracy of materials distributed
or made available for distribution via the Services, including
Your content, descriptive claims, warranties, guarantees,
nature of business, and address where business is conducted,
and (g) Your content does not and will not infringe or violate
any right of any third party (including any intellectual
property rights) or violate any applicable law, regulation
or ordinance.
Savvy web host Materials
and Intellectual Property:
All materials, including any computer software (in object
code and source code form), data or information that Savvy web host or its suppliers or agents develop or provide under
this Agreement, and any know-how, methodologies, equipment,
or processes Savvy web host uses to provide the Services
to You, including all copyrights, trademarks, patents, trade
secrets, and any other proprietary rights inherent therein
and appurtenant thereto will remain Savvy web host's or
its suppliers' sole and exclusive property. Savvy web host
will also maintain and control ownership of all Internet
protocol ("IP") numbers and addresses that Savvy web host may be assign to You. Savvy web host may, in its sole
discretion, change or remove any and all IP numbers and
addresses.
Investigation of Violations:
Savvy web host may investigate any reported violation of
this Agreement, or its policies or any complaints and take
any action that it deems appropriate and reasonable under
the circumstance to protect its systems, facilities, customers
or third parties. Savvy web host will not access or review
the contents of any e-mail or similar stored electronic
communications except as required or permitted by applicable
law or legal process.
Actions:
Savvy web host may restrict or remove from its servers any
content that violates this Agreement or related policies
or guidelines, or is otherwise objectionable or potentially
infringing on any third party's rights or that potentially
violates any laws. If Savvy web host becomes aware that
You have possibly violated this Agreement, any related policies
or guidelines, third party rights or laws, Savvy web host
may immediately take corrective action, including: (a) issuing
warnings, (b) suspending or terminating the Service, (c)
restricting or prohibiting any and all uses of content hosted
on Savvy web host's systems, and (d) disabling or removing
any hypertext links to third-party Web sites, any of Your
content distributed or made available for distribution via
the Services, or other content not supplied by Savvy web host that, in Savvy web host's sole discretion, may violate
or infringe any law or third-party rights or that otherwise
exposes or potentially exposes Savvy web host to civil or
criminal liability or public ridicule. It is Savvy web host's
policy to terminate repeat violators. These rights of action,
however, do not obligate Savvy web host to monitor or exert
editorial control over the information made available for
distribution via the Services. If Savvy web host takes corrective
action because of a possible violation, Savvy web host will
not refund to You any fees You paid in advance of the corrective
action.
Disclosure Rights:
To comply with applicable laws and lawful governmental requests,
to protect Savvy web host's systems and customers, or to
ensure the integrity and operation of Savvy web host's business
and systems, Savvy web host may access and disclose any
information it considers necessary or appropriate, including,
user profile information (i.e., name, e-mail address, etc.),
IP addressing and traffic information, usage history, and
content residing on Savvy web host's servers and systems.
Savvy web host may report any activity that it suspects
violates any law or regulation to appropriate law enforcement
officials, regulators, or other appropriate third parties.
No Other Warranty:
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND
YOUR USE OF THE SERVICES IS AT ITS OWN RISK. SAVVY
WEB HOST DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND
ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES
ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
SAVVY WEB HOST DOES NOT WARRANT
THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY
SECURE. SAVVY WEB HOST DOES NOT
WARRANT THAT THE SOFTWARE, INCLUDING SECURITY SOFTWARE, OPERATES
WITHOUT ERROR OR WILL PREVENT THIRD PARTY HACKING OR ACCESS
TO YOUR NETWORKS.
Limitation of Liability:
IN NO EVENT WILL SAVVY WEB HOST
OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS
TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED
OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH
ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER SAVVY
WEB HOST NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT
TO SAVVY WEB HOST'S OBLIGATIONS
UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY,
SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS)
EVEN IF SAVVY WEB HOST HAS BEEN
ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF
SAVVY WEB HOST AND ITS SUPPLIERS
TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED
TO THE AMOUNT YOU ACTUALLY PAID TO SAVVY
WEB HOST UNDER THIS AGREEMENT DURING THE BILLING CYCLE
IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED BUT
IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR
LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES
FOR THE SERVICES SET BY SAVVY WEB HOST
UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED
UPON THIS ALLOCATION OF RISK. YOU AGREE THAT SAVVY
WEB HOST IS NOT LIABLE FOR ANY LOST DATA OR CONTENT AND
YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO MAINTAIN BACKUPS
OF YOUR DATA. ACCORDINGLY, YOU RELEASE SAVVY
WEB HOST AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS,
LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN
THIS SECTION.
Indemnification:
You release and hold harmless, and agree to indemnify, Savvy web host and its affiliates and suppliers and their respective
employees, directors and representative against any and
all claims, actions, proceedings, suits, liabilities, damages,
settlements, penalties, fines, costs or expenses (including,
reasonable attorneys' fees and other litigation expenses)
incurred by Savvy web host or its suppliers, arising out
of or relating to: (a) Your violation or breach of any term,
condition, representation or warranty of this Agreement,
or any applicable policy or guideline; (b) Your improper
or illegal use the Services; or (c) Your violation, alleged
violation, or misappropriation of any intellectual property
right (including trademark, copyright, patent, trade secrets)
or non-proprietary right of a third party (including defamation,
libel, violation of privacy or publicity).
Force Majeure:
Except for the obligation to make payments, neither party
will be liable for any failure or delay in its performance
under this Agreement due to any cause beyond its reasonable
control, including, but not limited to, acts of war, acts
of God, earthquake, flood, embargo, riot, sabotage, labor
shortage or dispute, governmental act or failure of the
Internet (not resulting from the actions or inactions of
Savvy web host), provided that the delayed party: (a) gives
the other party prompt notice of such cause, and (b) uses
its reasonable commercial efforts to promptly correct such
failure or delay in performance. If Savvy web host is unable
to provide Service(s) for a period of thirty (30) consecutive
days as a result of a continuing force majeure event, You
may cancel the Service(s), but there shall be no liability
on the part of Savvy web host.
Agents, Licensees and Resellers:
You agree that, if You are purchasing our Services for or
on behalf of another entity, You represent that You have
the authority to bind that other entity as a principal to
all terms and conditions provided herein. You agree that
if You license the use of Your Services registered to You
to a third party, You will remain responsible for all obligations
under this Agreement, including but not limited to payment
obligations, and providing (and updating, as necessary)
both Your own full contact information, adequate to facilitate
timely resolution of any problems that arise.
Breach and Revocation:
Savvy web host reserves the right
to suspend, cancel or modify Your services we provide in the
event You materially breach this Agreement and do not cure such
breach within thirty (30) days of notice by Savvy
web host. You also agree that Savvy
web host shall have the right in its sole discretion
to suspend, cancel or otherwise modify Your Services upon seven
(7) calendar days prior written notice, or at such time as Savvy
web host receives a properly authenticated order from
a court of competent jurisdiction, or arbitration award, requiring
the suspension, cancellation or modification of the Services.
Right of Refusal:
We, in our sole discretion, reserve the right to refuse
to do business with You, or to stop doing business with
You. You agree to hold Savvy web host harmless for any damages
arising out of any form or cause of action that could arise
from Savvy web host's actions.
Governing Law:
Any disputes over this Agreement, Your rights and obligations
and all actions contemplated by this Agreement shall be governed
by the laws of the United States of America and the State of
New Jersey, as if the Agreement was a contract wholly entered
into and wholly performed within the State of New Jersey. Any
action with respect to this Agreement or any matter relating
to Your use of the Savvy web host's
site shall be brought exclusively in the United States District
Court for the District of New Jersey, or if there is no jurisdiction
in such court, then in the Superior Court of the State of New
Jersey, Somerset County. You irrevocably consent to the exclusive
jurisdiction of the State of New Jersey for any actions hereunder.
Notices:
You agree that any notices required to be given under this Agreement
by Savvy web host to You will be
deemed to have been given if delivered in accordance with the
contact information supplied on the Order You have provided.
For notices to Savvy web host, Savvy
web host may be contacted via email at
sales@savvywebhost.com or at the following address:
Savvy web host
1045 Heron Ridge Avenue
Port Orchard, WA 98366
• Acceptance of Agreement
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.
Savvy web host.
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