Web Server and Hosting Agreement Contract for Data Storage and Transfer

By accepting the terms of this agreement, you enter into a binding contract with IN TOUCH INTERNET SERVICES, 1345 Yellowbud Place, Washington Court House, Ohio 43160 (hereafter "IN TOUCH). WHEREAS, IN TOUCH offers storage and transfer services over the Internet through access to the information provider’s Web Server, FTP Server, and Mail Server; WHEREAS, Client seeks to utilize a Web server for its own purposes; WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, IN TOUCH can make no guarantee that any given reader shall be able to access the Web server at any given time. IN TOUCH represents that it shall make every good faith effort to ensure that the Web server is available as widely as possible and with as little service interruption as possible; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I. Financial Arrangements:

1. Client agrees to a twelve (12) month contract, beginning upon IN TOUCH's receipt of contract.

2. First one (1) YEAR payment of hosting and setup charges, if any, shall be due upon receipt of contract.

3. This agreement will automatically renew for successive one (1) YEAR periods, unless canceled in writing 31 days prior to the annual renewal date. Client will receive an invoice for charges, and payment is due upon receipt. Renewal prices are subject to change with a 30 day notice after the term of the original contract. Renewal of services by Client indicates agreement to Contract revisions.

4. All payments shall be in US dollars via check, money order, Mastercard or Visa.

5. Hosting fees are waived for qualified non-profit organization sites.

II. Taxes:

IN TOUCH shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or the Web server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. Material and Products:

1. Client will provide material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of IN TOUCH. IN TOUCH shall make no effort to validate this information for content, correctness or usability.

2. Use of IN TOUCH's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client's Web Site by the Client. Client agrees that uploading of client data by IN TOUCH and all other support provided by IN TOUCH, other than providing the facts specific to this particular web server are billed by the minute at the rate of $60/hour.

3. IN TOUCH will exercise no controls whatsoever over the content of the information passing through the network. IN TOUCH makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. IN TOUCH also disclaims any warranty of merchant-ability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of IN TOUCH is at the Client's own risk and IN TOUCH specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection and does not represent guarantees of available end to end bandwidth. IN TOUCH expressly limits its damages to the Client for any non-accessibility time or other down time to the prorated monthly charge during the system unavailability. IN TOUCH specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", IN TOUCH may, at its option and at any time, reject this material, including but not limited to after it has been put on the Web server. IN TOUCH agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of IN TOUCH. If the Client fails to modify the material, as directed by IN TOUCH, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.

4. Qualifying non-profit sites are not permitted to sell products or services from their sites at any time. Furthermore, such sites are not permitted to use banners or links of any kind to advertise items for sale from those pages. Not for profit sites are permitted for the exchange of information only.
  
IV. Trademarks & Copyrights:

Client warrants that it has the right to use the applicable trademarks, if any, and grants IN TOUCH the right to use such trademarks in connection with the Web Server services.

V. Hardware, Equipment & Software:

The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access IN TOUCH. IN TOUCH makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Web server.

VI. Age:

The Customer certifies that he or she is at least 18 years of age.

VII. Internet Etiquette:

Electronic forums such as mail distribution lists and Use Net news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of IN TOUCH may not be used to impersonate another person or misrepresent authorization to act on behalf of others or IN TOUCH. All messages transmitted via the web server, web mail, or ftp services should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

VIII. Termination and Reinstatement:

1. If User’s account is suspended due to lack of payment, User will pay the then current reinstatement fee, in addition to all other charges then due and payable, prior to restoration of service.

2. In the event User's account becomes overdue, User will pay all expenses of collection (including agency and attorneys' fees and costs) in addition to all amounts due hereunder. In the event of any other action or proceeding brought in connection with the Agreement, the prevailing party therein will be entitled to recover its costs and reasonable attorneys' fees.

3. If User (a) becomes bankrupt or otherwise insolvent or (b) fails to pay for services rendered in accordance with the terms hereof or (c) commits any other breach of this Agreement, IN TOUCH may (at its sole discretion and without notice or judicial intervention) discontinue performance and terminate this Agreement for default and pursue any other remedies available at law or in equity.

IX Services Provided:

1. IN TOUCH will provide its best efforts to maintain continuous service availability 24 hours a day, seven days a week, with the exclusion of scheduled or emergency maintenance, or downtime required to ensure the proper functioning and security of the IN TOUCH system.

2. On User's request, and in accordance with an accepted price schedule, IN TOUCH will register a domain name for User. IN TOUCH will set up and administer the domain, but the domain will be registered in User's name. User may change administrator of the domain with 30 days written notice to IN TOUCH and IN TOUCH will facilitate such change, provided User has satisfied all of its obligations to IN TOUCH and User has made all arrangements with its new domain administrator. Except as noted in a price schedule, User will pay any registration, renewal or administration fees that may be assessed by any domain licensing/registering organization in addition to any applicable IN TOUCH domain setup or maintenance fees.

3. User agrees to select a specific IN TOUCH Hosting Package; User agrees to the the terms of the specific Hosting Package upon submittal of contract to IN TOUCH. IN TOUCH Hosting Packages are offered according to the following schedule: 

4. User may enter into an agreement with IN TOUCH  whereas IN TOUCH  performs set-up and maintenance of User's chat server according to the schedule below:

5. User may make arrangements for IN TOUCH to transfer User's existing domain to be hosted by IN TOUCH pursuant to the established price schedules for said service and applicable to the Hosting Package agreed upon by User and IN TOUCH.

6. IN TOUCH reserves the right to change prices to this Agreement on any services provided by IN TOUCH, IN TOUCH reserves the right to make any such changes, as are determined necessary or prudent, at IN TOUCH‘s sole discretion, giving User advanced notice. If such changes are made, IN TOUCH promises to send by electronic or postal mail notice of any changes with sixty (60) days notice. In event of such changes, User may terminate service with sixty (60) day notice, but is not entitled to a refund of any payments already made for services. Either party, without cause, may terminate this Agreement by giving the other party 31 days written notice. Notwithstanding the above, IN TOUCH may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement.

X. Disclaimer and Limitation of Liability:

 
With the exception of any express written warranty of IN TOUCH, neither IN TOUCH, nor its affiliates, nor its suppliers make any warranty, and each of them disclaims any liability, with respect to-
(a) system performance levels, including but not limited to resource utilization, response time or overhead, or (b) any loss or inconvenience associated with IN TOUCH’s suspension, termination, or deletion of User’s account, or (d) ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN ADVICE GIVEN BY IN TOUCH OR ITS STAFF OR AGENTS SHALL CREATE A WARRANTY. 
IN TOUCH will not be liable for delay in delivery or performance, and is excused from any failure to deliver or perform, due to causes beyond its reasonable control. 
IN TOUCH will not be liable for any damage or inconvenience caused by any necessary or scheduled maintenance to IN TOUCH’s system, or for any service lapses or loss of User or User's customer's data caused by forces beyond IN TOUCH’s reasonable control. THE SOLE AND ENTIRE MAXIMUM LIABILITY OF IN TOUCH TO ANY USER OR CUSTOMER OF USER FOR ANY AND ALL PROVEN LOSS, CLAIM, DAMAGE OR LIABILITY OF ANY KIND (INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT) WILL CONSIST OF A DUTY TO REFUND NOT MORE THAN THE AMOUNTS PAID BY THE USER TO IN TOUCH DURING THE YEAR PRECEDING SUCH LOSS, CLAIM, DAMAGE OR LIABILITY. IN NO EVENT WILL IN TOUCH BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. 
User, by signing this Agreement or by accessing the IN TOUCH system, (a) accepts the use of the system "AS IS"; and (b) waives any and all claims relating thereto, whether such claims are against IN TOUCH or any of its suppliers or affiliates. 
User will indemnify and hold IN TOUCH, its staff, and IN TOUCH’s other customers, harmless from any costs, expenses or liability resulting from any claim based on User's or User's customer's use of the system and data obtained there from. This provision applies if any legal action or threat of legal action occurs as a result of User’s or User's customer's use of any of IN TOUCH’s systems or services, even if User (or User's customer) is no longer a customer of IN TOUCH (or of User) when such loss or expense arises, and includes all costs and attorneys’ fees incurred in connection with any such threat or action, any equipment replacement costs, and any charges incurred to third parties for financial transactions incurred over the Internet. This provision also applies to third party claims as well as any legal action taken by IN TOUCH against User for breach of this Agreement, damage caused by User or User's customer to IN TOUCH’s system, or for failure to pay fees or expenses User is obligated to pay IN TOUCH. Such indemnification will not be applicable with respect to claims of gross negligence, willful misconduct or infringement by IN TOUCH. Such indemnification will survive the termination or expiration of this Agreement. IN TOUCH reserves the right to cooperate fully, to the extent permitted by applicable law, in any investigations of User or customers of User's actions if those actions are alleged to be illegal or would otherwise constitute actions which would be in violation of this agreement. 

XI. Lawful Purpose:

Client may only use the Web Server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, pornographic, profane, or material protected by trade secrets. This also includes links or any connection to such materials.

XII. Indemnification:

Client agrees that it shall defend, indemnify, save and hold IN TOUCH and the information provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against IN TOUCH, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless IN TOUCH and the information provider against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with the Web Server; (ii) any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Web Server.

XIII. General:

1. No waiver of any breach of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of this Agreement or any provision thereof. If any provision of this Agreement is or becomes illegal or otherwise unenforceable, such provision will not invalidate the other provisions hereof; provided if IN TOUCH determines that any such unenforceable provision is essential, it may terminate this Agreement upon notice.

2. The laws of the State of Ohio govern this Agreement. The parties agree that the courts (state and federal) located in Wilmington, Ohio will have non-exclusive jurisdiction to determine the validity, construction and performance of this Agreement and the legal relations between the parties.

3. This Agreement constitutes the entire agreement between IN TOUCH and User, and supersedes all prior agreements, proposals, representations, or other communications, relative to the subject matter hereof. Paragraph headings are included for convenience and are not to be used to interpret this Agreement.

4. The terms of the Agreement will not be amended or changed by the pre-printed terms of any purchase order or acknowledgment, even though IN TOUCH may have signed such documents.
  

XIV. Changes in Legislation:

 
Should any changes in legislation require any changes to this Agreement or any services provided by IN TOUCH, IN TOUCH reserves the right to make any such changes, as are determined necessary or prudent, at IN TOUCH‘s sole discretion, without giving User advanced notice. If such changes are made, IN TOUCH promises to send by electronic or postal mail notice of any changes in a reasonable time period. In event of such changes, User may terminate service without notice, but is not entitled to a refund of any payments already made for services.   

XV. Contract Revisions:

Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by the Client on renewal of IN TOUCH Web Server Agreement as specified in Section I. Financial Arrangements. This Agreement constitutes the entire understanding of the parties. Any changes or modifications to this Contract thereto are agreed to by the both parties upon renewal of services. This Agreement shall be governed and construed in accordance with the laws of Ohio and of the Internet.

By clicking the "I agree" button below you accept the above terms and enter into a binding contract with IN TOUCH.