Terms of service
Web Hosting Agreement
This Web Hosting Agreement is between Hootihost.com and Customers a formed under the laws of the State of Sultanate of Oman with its principal office at Muscat, Oman (HOOTIHOST) and the person (individual or legal person) whose signs Hootihost’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”). This Agreement governs Customer’s use of Hootihost’s Web hosting service.
Table of Contents
- Customer Information
- Disclaimer of Warranties
- Limitation of Damages
- Suspension of Services/Termination
- Back Up Copy
- Force Majeure
1. ServicesSubject to the terms of this Agreement, and contingent on Customer’s satisfaction of Hoothost’s credit approval requirements, Hootihost agrees to provide the web hosting services described in the Order for the fees stated in the Order.
Service terms coincide with calendar months:]
The initial service term of the Agreement shall begin on the date that Hootihost generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the first partial month of service plus the number of full calendar months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of having the same number of full calendar months as the Initial Term (each a “Renewal Term”) unless Hootihost or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
Customer billing cycles coincide with 1st day of each calendar month/year
Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall a calendar month or twelve calendar months, as indicated on the Order. The first service fee shall include a prorated portion of the monthly fee for the first partial month of service plus the fee for the first full billing cycle. Hootihost may require payment in full of the first fee before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Hootihost to bill subsequent fees to the credit/debit card on or after the first day of each billing cycle during the Term of this Agreement; otherwise Hootihost will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 14th day following invoice date, but in no event earlier than the first day of each billing cycle.
Payments must be made in United States dollars. Customer is responsible for providing Hootihost with changes to billing information (such as credit card expiration, change in billing address) At its option, Hootihost may accrue charges to be made to a credit/debit card until such charges exceed $10.00. Hootihost may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Hootihost may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Hootihost’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay Hootihost’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.
(b) Fee Increases.
Hootihost may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
(c) Early Termination.
Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Hootihost terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Hootihost’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.
4. Customer Information.
Customer represents and warrants to Hootihost that the information he, she or it has provided and will provide to Hootihost for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Hootihost that he or she is at least 18 years of age. Hootihost may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Customer agrees to indemnify and hold harmless Hoothost, Hoothost’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
6. Disclaimer of Warranties.
HOOTIHOST DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW HOOTIHOST DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
(a) Suspension of Service.
Customer agrees that Hootihost may suspend services to Customer without notice and without liability if: (i) Hootihost reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Hootihost reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Hoothost’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Hootihost fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Hootihost prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Hootihost describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
8. Back Up Copy.
Customer agrees to maintain a current copy of all content hosted by Hootihost not withstanding any agreement by Hootihost to provide back up services.
9. Changes to Hootihost’s Network.
Upgrades and other changes in Hootihost’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Hootihost reserves the right to change its network in its commercially reasonable discretion, and Hootihost shall not be liable for any resulting harm to Customer.
Notices to Hootihost under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on http://www.hootihost.com/contact. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
11. Force Majeure.
Hootihost shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Hootihost’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.