Hosting Agreement

HOSTING AGREEMENT

By purchasing, securing and or soliciting the services of website hosting you ultimately agree to as follows the terms and conditions of our service. Jared Ritchey Design provides hosting on a per client basis for specific project types and real estate solutions that fit our business model.

Click Once Hosting is a Joint Venture between Click Once Computing and Jared Ritchey Design and for the purpose of this agreement it should be known that sites hosted and then maintained by Jared Ritchey Design are located on Click Once Computing Servers.

Therefore, Click Once Hosting will provide dedicated or shared server space, as specified in Addendum C, with an Internet address for storage and access of website content, client content, and databases. The Website, Content, and User Content must be prepared as "server-ready." Click Once Hosting will provide bandwidth and storage as specified in Addendum C. If Customer requires additional bandwidth or storage, Click Once Hosting will negotiate in good faith to amend this Agreement unless the expansion requested can not be accommodated.

Website Backup

Click Once Hosting does maintain a daily website backup via an automated process that MAY NOT include up to the minute backups of your data, we do this as a normal course of business and we take common reasonable steps to secure recovery options in the event of server issues. It is not our responsibility to perform maintenance on a hosted domain unless such services are secured in advance. CPANEL control panel that comes with your account does feature backup tools and you should schedule such backups of your own accord to secure the data you host on our servers. We do offer maintained mirror backups for additional fee but such service is limited to commerce related sites unless otherwise agreed upon.

Click Once Hosting is not responsible for lost Content or the loss of User Content resulting from any event that would cause such loss. Website backups will be stored on the servers for a period of 30 days. The automated backup process we use will store a monthly; a weekly and in some cases a daily look at the site but will reflect only changed differences between each time frames.

We will provide at Customer’s expense an electronic copy of the backup daily if the client so desires. Restoration of websites is free of charge if in the event restoration is outside of or beyond the capabilities of the hosting client’s ability. All other recoveries may incur a fee.

Hosting Client Agrees: That Click Once Hosting is held harmless in the event of server crash, malicious attack including denial of service attack should such events happen. In addition hosting clients agree to hold harmless both Jared Ritchey and Click Once Hosting for events that could surface above and beyond our control what ever that may be. This may include hard drive failure, database crashes, corrupted data, interruption of service, downtime maintenance loss of data and or any event that would exceed normal provisioning. Server interruptions happen, technology grows old and hard drives do fail. Although we regularly maintain annual updates to server hardware and monthly updates to software events can surface that would require recovery steps to be made.

We ask ALL Clients to agree when signing up to acknowledge this agreement specifically the need to backup your data daily or at least weekly for rapid recovery. We have tutorials and guides to help facilitate this process.

Domain Logs

Domain logs are available within the CPANEL control panel on a per domain basis. Additional stat tracking solutions can be employed upon request but are not to be assumed as being in place without express agreement as such. Logs are as accurate.

RIGHT OF REFUSAL and TERMINATION

We will terminate any hosting account without notice if it is discovered that the domain in question promotes violence, racism, pornography, degradation of people based on race, gender, nation of origin, economic status, social standing, political views, sexual orientation or anything that is deemed inappropriate for a legal business enterprise. This includes the distribution of pirated software, warez, or other type of site we deem unprofessional or inappropriate. This termination will be followed with a prorated refund of the balance of the terms of the hosting agreement should that apply. Some hosting terms do not guarantee refunds for hosting.

Domain Availability

Click Once Hosting will provide hosting services for the Website that meet reasonable commercial standards for, among other matters, packet loss, accessibility, latency, availability, and throughput. It is understood that servers can and may suffer a wide range of issues not expressly controlled by us thus does such an interruption necessitate termination of the hosting agreement. Domains and domain names are acquired from a valid registrar of domain names.

General Security

We will take reasonable steps to prevent unauthorized access to the Website, Content, User Content, and Confidential Information stored on our web servers but does not include any attempt to provide SSL (secure socket layer) features without having purchased or made provision for SSL on a per individual basis. The SSL does require a dedicated IP which will incur additional costs. The hosting client is responsible for storing web site access credentials in a secure location to help prevent unauthorized access to your domain and its data.

General Hosting Service Disclaimers

Click Once Hosting provides you the customer NO equipment, NO software, and NO internet connection from your location. We are not an ISP and can not provide ISP services like dial up, broadband or DSL. We make no representations, warranties or assurances that hosted sites are compatible with all browsers and software you may be using.

Software and Account Update Responsibilities

It is the responsibility of the customer to maintain accurate billing information with our hosting service. This may include Credit Card, email, address and phone. It is also the responsibility of the customer to maintain updates for their website software running on our servers. This includes but is not limited to WordPress, Joomla, Drupal and other site software when updates become available.  We will notify customers at various times regarding out dated or potentially dangerous software in need of update when such is appropriate. We can update software for clients at additional expense or alternatively we can provide a maintenance agreement.

Hosted Packages and Payments

Customer shall pay fees agreed upon during account signup. These fees vary depending on the type of account being setup and the support package agreed upon. Unless otherwise specified all hosting will be invoiced for 6 months or annual cycles unless monthly cycles are agreed upon or recommended. Because of the type of packages we offer, we request that all payments be made within fourteen (14) days from invoicing. In the case of credit card payments we will upon authorization automatically charge the Customer Credit Card on file all fees associated with the account on the due date. Click Once Hosting may, at its option, charge a 10% fee for late payments.

Automated Renewal

The initial term is agreed upon during account signup. After the initial term, this Agreement will automatically renew on a month-to-month basis until terminated. This means that if you have signed up for an annual agreement then after the year has passed it will revert to a monthly billing cycle unless you advise us of the desire to renew for a new annual or quarterly term.

Termination of Hosting by Client

During the agreed hosting term, the customer may at their discretion terminate this agreement providing that such material breach remains within fourteen (14) days following proper notification to us AND IS IN COMPLIANCE OF THE AGREEMENT. This termination period shall be extended or delayed in the event limitations beyond our control, but not limited to, natural disasters, governmental prohibitions or regulations, viruses that did not result from the acts or omissions of our technical staff, or technical faults of our web servers and service providers or vendors.  This includes termination at the end of a term period.

In the event a customer reaches the end of the original agreed term and wishes to terminate further hosting with us, the customer may either notify us 14 days prior to end of term or extend by one month fee to extend the agreement.

In the event that a customer is not obligated to an annual term for hosting that customer may terminate hosting by email request to do so. This is afforded to those who purchase packages from us that may include free periods of hosting not contractually obligated to. For instances if we install and configure a real estate blog with listings manager for $99 we may include a years free hosting. In such a case you would need only to request by email the termination of your account.

PRO-RATED REFUND POLICY, REFUNDS, RETURNS, AND OTHER CONSIDERATIONS

We will in some circumstances as per our customer’s request (special circumstance) terminate an account and refund pro-rated monies due to the customer within 15 days after termination. For annual or quarterly agreements termination would be the value of the package divided by 12 or 3 then multiplied by the remaining time based on MONTHLY NOT DAILY pro-rating. This is done because our absolute minimum term for hosting is monthly and it is MONTHLY that we calculate the amount due depending on the package being offered.

In the event you start your hosting on the 3rd of the month and you terminate on the 10th the amount for the entire month will not be refunded as a result.

SPECIAL CIRCUMSTANCE HOSTING REFUND

Since most of our packages for hosting are courtesy additions to other services, you would not be privileged to a refund for hosting if you purchased a package or an offer wherein we extend hosting as a service courtesy. Cases that may involve such are blog setup and configuration packages that incur the fee of either $49 or $99 in either event we may extend an annual term of hosting as a promotional offer FREE of charge in hopes that you will continue hosting with us after the initial period has passed. These situations are not entitled to a refund after the setup and configuration has concluded.

Termination by Us

Click Once Hosting may immediately terminate this Agreement for cause at any time without penalty. Causes justifying immediate termination include, but are not limited to those outlined above in addition to the discovery of violation of any foreign, federal, state, or local law; non-payment of fees due of this Agreement; breach of this Agreement; violation of the Terms of Service found at http://www.jaredritchey.com/hosting-agreement/ or a written modifications thereof; and violation of any other facet of our hosting policy.

STANDARD DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED HEREIN, CLICK ONCE HOSTING, AND ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH WEB REFINEMENTS HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, NON-INGRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

STANDARD LIMITATION OF LIABILITY

CLICK ONCE HOSTING, ITS OWNERS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOST BUSINESS, LOST DATA OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE CLICK ONCE HOSTING HARDWARE OR SERVICES. CUSTOMER AGREES THAT IT’S SOLE AND EXCLUSIVE REMEDY SHALL BE RETURN OR REDUCTION OF FEES PAYABLE TO WEB REFINEMENTS.

Customer Indemnity Clause

Customer shall defend Click Once Hosting against any third party claim, action, suit or proceeding arising as a result of Customer’s use Our web servers and hardware or services and indemnify Click Once Hosting for all losses, damages, expenses, and costs incurred by Click Once Hosting as a result of a final judgment entered against Click Once Hosting in any such claim, action, suit or proceeding.

Applicable Governing Law

This Agreement will be governed and construed in accordance with the laws of the United States of America. Both parties agree to arbitrate before taking legal action. 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.

Severability and Waiver

If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach

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