Policies and Procedures for Web Site Hosting Services
The following agreement is by and between RacineONLINE.com / Advantage-Promotions.com located in Racine, Wisconsin
 
The following words used in context of the Service Contract are defined as follows:
"Provider": ADvantage-Promotions.com / RacineOnLine.com
"Client": The person or entity who is applying for Web Site Hosting or Domain Name Registration Services
 
The Provider agrees to provide, and Client agrees to receive, access to the Web Site Hosting Services according to the following terms and conditions:
1. Financial Arrangements:
a) Client agrees to a month to month contract.
b) First twelve months payment of monthly fees for the Web Site Hosting Service.
c) Plus applicable setup charges, registration fees, shall be due upon Provider's receipt of contract.
d) This agreement will automatically renew for successive single month periods unless canceled in writing prior to the monthly renewal date. Client will receive an invoice for charges and payment is due upon receipt. Renewal prices are subject to change. Renewal of services by client indicates agreement to contract revisions.
e) A late charge of $10 will be applied after 15 days from the due date. If payment is not received by Provider within 15 days of the due date, Provider has the option of terminating the client's account.
f) Provider reserves the right, in its sole discretion, to deactivate the Client's account(s) upon an
indication of credit problems including delinquent payments. Client's domain name will be retained by us until clients account is paid in full.
2. Taxes:
ADvantage-Promotions.com / RacineOnLine.com shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Client's use of Hosting Services. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
3. Service and Products:
a) THE PROVIDER'S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE Web Site Hosting Services PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF THE MERCHANT ABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
b) Client will use the hosting services in a manner consistent with any and all applicable laws of State of Texas and the US Federal Government.
c) Use of any information obtained by way of provider is at Client's own risk, and Provider specifically denies any responsibility for the accuracy or quality of information obtained though its services. Connection speed represents the speed of a connection to and does not represent guarantees of available end to end bandwidth.
d) Provider is not responsible for any damages arising from Client's use of Provider or by Client's inability to use the hosting services for any reason.
e) While Provider shall make every reasonable effort to protect data stored on Client's Server(s), Provider is not responsible for Client's data, files, or directories residing on Provider's equipment. Client is solely responsible for maintaining data, file, and directory structure back-ups.
4. Trademarks and Copyrights.
a) Client warrants that it has the right to use the applicable trademarks of Client, and grants to Provider the rights to use such trademarks, if any, in connection with Provider's promotion of, referencing of, cataloging of, or indexing of Provider's clients.
b) CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING LIBELOUS OR HARMFUL.
5. Hardware, Equipment and Software:
Client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access the services. Provider makes no representations, warranties or assurances that Client's equipment will be compatible with Provider's services.
6. Age:
Client certifies that he or she is at least 18 years of age.
7. Internet Etiquette:
a) Users of Internet and electronic forums should be considerate of the expectation and sensitivities of others on the network when posting material for electronic distribution. The network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Provider. All messages transmitted via Provider's service 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.
b) Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or its customers may utilize.
c) Client hereby agrees to indemnify and hold harmless the Provider from any claim resulting from the Client's or another party's use of electronic mail service(s) on the Client's hosting services account(s).
8. Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, Provider may terminate service under this Agreement at any time, without penalty, if Client fails to comply with the terms of this Agreement.
9. Limited Liability:
a) Client expressly agrees that use of Provider's service is at Client's sole risk. Provider, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Provider's hosting services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Virtual Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided though the ADvantage-Promotions.com / RacineOnLine.com hosting services, unless otherwise expressly stated in this Agreement.
b) CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON PROVIDER THOUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING LEADING TO AN ABUSIVE OR UNETHICAL USE OF THE VIRTUAL SERVER PRODUCT(S) OR THE HOST SERVER(S). ABUSIVE AND UNETHICAL MATERIALS AND USES INCLUDE, BUT ARE NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES, ANY HARASSING AND HARMFUL MATERIAL OR USES, ANY ILLEGAL ACTIVITY, OR MATERIAL ADVOCATING ILLEGAL ACTIVITY, AND ANY INFRINGEMENT OF PRIVACY OR LIBEL.
c) Client hereby agrees to indemnify and hold harmless the provider from any claim resulting from Client's publication of material or use of those materials. Provider may or may not give notice before deactivating the use of an account(s) which the provider decides is an abusive or unethical use of, or a potentially illegal use of the host server(s). Client hereby agrees to indemnify and hold harmless the provider for any claim resulting from the submission of illegal materials.
d) Under no circumstances, including negligence, shall Provider, its offices, agents or anyone else involved in creating, producing or distributing Provider's service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Provider's services; or that results from mistakes, omissions, interruptions, deletion or loss of files or data, errors, defects, delays in operation, or of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Provider's records, programs or services. Client maintains sole responsibility for data backup and restoration. Client hereby acknowledges that this paragraph shall apply to all content on Provider's services.
e) Notwithstanding the above, Client's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which Client paid during the term of this Agreement and any reasonable attorney's fee and court costs.
10. Indemnification:
Client agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Provider, agents, its clients, 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 Provider against Liabilities arising out of (i) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Provider's service; (ii) any material supplied by Client infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which Client sold on the Server.
11. Contract Revisions:
Revisions to this Contract will be considered agreed to by Client on renewal of Provider's hosting services as specified in Section 1(c).
12. Value Added Reselling:
a) Client is allowed to resell the storage and transfer services provided by Provider. Client agrees and is responsible for all third party customers' content, support, setup and maintenance.
b) Provider will take reasonable steps to avoid direct marketing of Provider's hosting services to Client's third party customers. However, Provider is not liable in any way for Client's loss of business that may result from Provider's direct or indirect marketing, service or sales to the customers of Provider's clients.
13. Entire Understanding:
The agreement contained in this Contract constitutes the sole agreement between Provider and Client regarding its Virtual Server service. This Agreement shall be governed and construed in accordance with the laws of the State of Texas.
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