Solarus agrees to provide the service described in this Agreement (the "Service") to the undersigned Customer, subject to the terms and conditions set forth in this Agreement.
Solarus shall provide Customer with the Service, which consists of data storage on Solarus’ web server facilities and related hardware and software to host Customer’s website content, all as more fully described on the Specifications Attachment attached to this Agreement. Customer’s text, files, graphics, and other electronic information placed on Solarus' web servers by Customer is referred to in this Agreement as “Customer’s website.”
Customer shall access Customer’s website solely through the Internet. Customer’s access to Customer’s website via the Internet is subject to separate agreements with either Solarus or other Internet access providers. Customer is responsible for obtaining its own Internet conductivity to access Solarus' facilities, and for all costs of such conductivity. Customer is solely responsible for all hardware and software Customer may need to access, administer and maintain Customer’s website.
Customer is solely responsible for all content on Customer’s website, including any content or materials of a third party that Customer permits or enables to be posted on or accessed through Customer’s website. Customer is also solely responsible for the creation, posting, updating and maintenance of all content on Customer’s website, and management and editorial control of Customer’s website’s content. Solarus assumes no responsibility for reviewing Customer’s content prior to Customer’s posting it on Customer’s website. Customer will provide content for Customer’s website in a form requiring no additional manipulation by Solarus. Solarus shall make no effort to validate Customer’s content’s compatibility with the website.
Customer shall be solely responsible for obtaining, registering, and the appropriate use of all domain names used by Customer. Provided that Customer’s domain name does not violate any domain name registrar’s policies, or any laws or regulations, Solarus agrees to host Customer’s domain or domains during the term of this Agreement and, in no event, shall Solarus acquire any ownership, right, interest or title in the Customer’s domain name. Customer’s inability to use a domain name shall not entitle Customer to a refund from Solarus of any fees paid under this Agreement. Any Internet protocol addresses or other network numbers assigned by Solarus to Customer shall remain the property of Solarus and Solarus reserves the right to reassign or reissue any Internet protocol addresses to others.
Customer agrees not to use any bandwidth or storage space in excess of the amount provided under this Agreement. If Customer’s usage exceeds allowed bandwidth or storage space, Solarus may, in its sole discretion, charge Customer for excess bandwidth or storage space at its rates then in effect, suspend the performance of Service, or terminate this Agreement. Customer shall not be entitled to a refund of any unused prepaid fees in the event of such suspension or termination.
Customer is solely responsible for handling, processing and filling any requests for goods or services generated by Customer’s website, and shall be solely responsible for properly addressing Customer inquiries or complaints arising from or related to Customer’s website. Customer shall indemnify and hold Solarus harmless from any claims of third parties arising in any way from any person’s use of Customer’s website. Customer agrees to pay or cause to be paid all taxes and fees applicable to its website and any business transacted through Customer’s website.
Customer acknowledges that Solarus provides the Service on an unregulated basis, and that tariffs of Solarus’ affiliates do not apply to the Service.
Unused time under any time-sensitive Service Plan shall be forfeited.
Solarus does not, and cannot, control the content, quality or accuracy of information available over the Internet.
Solarus reserves the right to change any Service offered or the features of any Service offered or its system without prior notice, including changes to access and use procedures and system hardware and software.
USE OF THE SERVICE AND THE INTERNET IN GENERAL IS AT CUSTOMER’S SOLE RISK. SOLARUS DOES NOT WARRANT THAT THE SERVICE PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM AUTHORIZED INTRUSION, UNINTENDED LOSS OR CORRUPTION OF FILES OR DATA, OR VIRUSES, OR THAT SOLARUS' SERVICE OR SYSTEMS WILL MEET ANY PARTICULAR CRITERIA. SERVICE IS PROVIDED ON A “AS IS” “AS AVAILABLE” BASIS. SEE THE DISCLAIMERS OF WARRANTIES AT SECTION 8.
(a) significant breaches of netiquette, such as "spamming;"
(b) attempts to breach security mechanisms or intercept transmissions by others;
(c) harassing, intimidating or threatening anyone in any manner;
(d) any use which infringes on the rights of Solarus or any third party;
(e) facilitating access to material that Solarus, in its sole discretion, considers to be unlawful, obscene, inappropriate, threatening, abusive, libelous, or which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
(f) using Customer’s website for mass software distribution of any kind;
(g) using Customer’s website for the purpose of circumventing Solarus’ bandwidth and storage capacity limitations, or any other restrictions on the use of any facilities or service of Solarus or its affiliates; and
(h) any use that constitutes sale, assignment, rent, transfer or distribution of the Service to any other person.
Solarus will comply with the provisions of the Online Copyright Infringement Liability Limitation Act (17 U.S.C. § 512) concerning the removal from its system and blocking of access to material which infringes on a copyright, as to which Solarus’ copyright agent receives notification from the copyright holder and Solarus determines in its sole discretion that infringement has occurred. The account of any customer infringing on a copyright may be terminated. This remedy is in addition to any other remedy available to Solarus under this agreement or as provided by law. Solarus’ copyright agent is , who can be reached by mail at 440 East Grand Avenue Wisconsin Rapids, WI 54494; by telephone at (715)424-8258, or by email at email@example.com.
Any other abuse of Service should be reported to firstname.lastname@example.org.
Solarus is under no obligation to monitor information transmitted to or from Customer via the Service. If Solarus determines that any material that it considers objectionable is stored or referenced on Solarus’ facilities, Solarus reserves the right to remove such material.
Customer grants Solarus a limited, non-exclusive, royalty-free license to host, reproduce, transmit, cache, store, exhibit, publish, display, distribute, perform, edit, adapt, modify, create derivative works from, and otherwise use Customer’s website’s content, solely as necessary for Solarus to provide Service to Customer.
Customer shall adopt and disclose to users of Customer’s website a policy accurately describing Customer’s collection and use of personal information obtained from or through Customer’s website.
The initial term of this Agreement shall be one month from this Agreement's effective date. Thereafter, this Agreement shall continue from month to month unless terminated: (a) by either Party upon prior written notice, or by verbal notice promptly confirmed in writing, given at least 30 days prior to the end of any monthly term of this Agreement; or (b) by Solarus as otherwise provided in this Agreement.
Customer shall pay Solarus each month and in advance, by the 15th of each month, the charges then in effect for the Service Plan the Customer has selected, as shown on the Service Plan Attachment to this Agreement. The Attachment sets out the charges for Service in effect as of the effective date of this Agreement. Any charges for any partial month shall be prorated.
During the term of this Agreement, including any renewal term, Solarus shall have the right to change the prices for Service, effective upon 35 days prior notice to Customer.
Upon Customer's request and for a nominal charge, Solarus will provide monthly Service usage detail.
It is Customer’s responsibility to determine whether use of the Service will cause Customer to incur long distance, toll or other charges. Solarus is not responsible for any such charges incurred through Customer’s use of the Service.
Solarus may terminate this Agreement and discontinue providing Service to Customer, in addition to any other available remedies, as provided elsewhere in this Agreement, or if: (1) any payment due under this Agreement is not made within 10 calendar days after the date payment is due; or (2) Customer fails to perform any other material obligation under this Agreement, if such failure to perform is not remedied within ten (10) days after Customer's receipt of written notice of such failure to perform; (3) Solarus is directed by governmental authorities of competent jurisdiction to discontinue providing Service; or (4) if necessary to prevent unauthorized use of the Service, provided that Solarus has given notice reasonable under the circumstances to Customer.
Solarus may terminate this Agreement and discontinue providing Service to Customer upon ten (10) days written notice to Customer if Solarus determines to completely discontinue offering web hosting services.
Upon termination of this Agreement, Customer shall be liable to Solarus for all charges for Service rendered through the effective date of termination of this Agreement.
AS EXPRESSLY STATED IN SECTION 1, ABOVE, Solarus MAKES
NO WARRANTIES OF ANY KIND AND EXPRESSLY DISCLAIMS ANY WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Solarus’ LIABILITY UNDER THIS AGREEMENT OR OTHERWISE IN RESPECT TO THE SERVICE SHALL NOT EXCEED CHARGES FOR ONE MONTH'S SERVICE. UNDER NO CIRCUMSTANCES SHALL Solarus OR ITS STOCKHOLDERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER, ANY USER OF THE SERVICE, OR TO ANY OTHER PERSON, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Customer is solely responsible for the content of Customer’s website and the content of any information transmitted to or from Customer via the Service. Customer shall indemnify and hold harmless Solarus and its stockholders, directors, employees and agents from and against any and all claims, damages, including multiple or punitive damages, liabilities, losses, forfeitures, fines, penalties and expenses, including actual attorneys fees incurred in defense, enforcement of this Agreement, or otherwise, arising from: (1) Customer's use, or misuse, of the Service, (2) the content of Customer’s website or any communications on or through the Service, (3) any damage caused to Solarus’ facilities or equipment by Customer’s operation of the website or the website content, or (4) any actual or alleged violation of the rights of third parties by Customer’s website content, including without limitation, claims of defamation, violation of privacy rights, or infringement of intellectual property rights. This indemnification shall include, but not be limited to, any claims for copyright infringement and any claimed violation of criminal law.
No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of any such right, shall constitute a waiver of that or any other right.
This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin. This Agreement and the parties' actions under this Agreement shall comply with all applicable Federal, State, and local laws, rules, regulations, court orders, and governmental agency orders.
Customer agrees that exclusive jurisdiction for any claim or dispute arising from use of Service resides in the courts located in the state of Wisconsin. Customer consents to the personal jurisdiction of the courts located in Vernon County, Wisconsin as to any claim or dispute arising from use of the Service.
This Agreement binds, applies to and governs the parties and their respective successors and permitted assigns. Customer shall not assign its interest in this Agreement without the express written consent of Solarus, which consent shall not be unreasonably withheld.
The parties may only modify this Agreement by written agreement, signed by both parties.
Solarus shall not be held responsible for any delay or failure in performance of any part of this Agreement to the extent such delay or failure is caused by: fire, flood, explosion, war, strike, power blackout, earthquake, volcanic action, water, the elements, embargo, labor dispute, government requirement, civil or military authority; acts of God, nature, or public enemy; inability to secure raw materials, products, or transportation facilities; acts or omission of carriers or suppliers; acts or failure to act of any governmental authority; or any other causes beyond Solarus’ reasonable control, whether or not similar to the foregoing.
This Agreement, including all Attachments, supersedes all prior or contemporaneous agreements or understandings and contains the entire expression of the parties' agreement with respect to the subject matter of this Agreement.