Hosting Terms

Last Update

Web Site Hosting Agreement

1. Fees

As consideration for the services purchased by Customer and provided to Customer by Esiteworks, Customer agree to pay Esiteworks a monthly fee. Customer billing will be determined by customer as monthly, quarterly, semi-annually, or annually based on the day of the month Customer established Customer Web Hosting relationship with Esiteworks unless that date falls after the 28th of the month in which case Customer billing date will be the 28th of each month. Payment is to be made by Customer providing a valid credit card for charge by Esiteworks, and is non-refundable. If for any reason Esiteworks is unable to charge Customer credit card with the full amount of the service provided, or if Esiteworks is charged back for any fee it previously charged to the credit card Customer provided, Customer agree that Esiteworks may pursue all available remedies in order to obtain payment.

Customer agrees that Customer will be responsible for notifying Esiteworks should Customer desire to terminate Customer’s use of Esiteworks’s Web Hosting services. Notification of Customer’s intent to terminate must be provided to Esiteworks no later than 10 days prior to Customer billing date. In the absence of notification from Customer, Esiteworks will automatically continue Web Hosting services indefinitely and will charge the credit card that the Customer has on file with Esiteworks, at Esiteworks's then current rates. It is Customer’s responsibility to keep Customer credit card information current, including the expiration date. In the event Customer terminates, moving Customer web site off of the Esiteworks hosting servers is Customer’s responsibility. Esiteworks will not transfer or FTP Customer web site to another provider, but will provide an electronic backup of Customer website for a $50 fee, if requested upon termination.

2. Term of Agreement; Modifications

3. Description of Service

Esiteworks currently provides Web Hosting services to Esiteworks’s customers for a monthly fee. Esiteworks will host Customer's web site on Esiteworks’s Web Hosting servers, provided, however, that Customer abides by the terms and conditions set forth herein and in each of Esiteworks’s policies and procedures.

Customer is responsible for ensuring that Customer web site conforms to all local, state, federal, and international laws. Further, Customer is responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by Esiteworks.

4. Customer Obligations

Customer agrees that Customer has provided accurate, current and complete information in the application process and that Customer will notify Esiteworks within five (5) business days when any of the information Customer provided as part of the application and/or registration process changes. Failure by Customer, for whatever reason, to respond within five (5) business days to any inquiries made by Esiteworks to determine the validity of information provided by Customer, will constitute a material breach of this Agreement.

If Customer provides any information that is inaccurate, not current, false, misleading or incomplete, or if Esiteworks has reasonable grounds to suspect that Customer information is inaccurate, not current, false, misleading or incomplete, Esiteworks has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Customer account.

Customer warrants that each application Customer makes is being done so in good faith and that Customer have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. Customer also warrants that the web site being hosted by Esiteworks will not be used in connection with any illegal activity.

6. Esiteworks's Rights

Esiteworks explicitly reserves the right and sole discretion to:

a. Censor any web site hosted on its Web Hosting servers that, in Esiteworks’s sole discretion, is deemed inappropriate;

b. Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels;

c. Modify its pricing through email notification;

d. Terminate Customer Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Esiteworks determines to be harmful to its other customers, operations, or reputation;

e. Terminate Customer Web Hosting service if the contents of Customer web site result in, or are the subject of, legal action or threatened legal action, against Esiteworks or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

Customer agrees to indemnify and hold harmless Esiteworks for any complications arising out of Customer’s use of Esiteworks’s Web Hosting services, including actions Esiteworks chooses to take to remedy Customer improper or illegal use of a web site hosted by Esiteworks.

CUSTOMER AGREES CUSTOMER WILL NOT BE ENTITLED TO A REFUND OF ANY FEES PAID TO ESITEWORKS IF, FOR ANY REASON, ESITEWORKS TAKES CORRECTIVE ACTION WITH RESPECT TO CUSTOMER’S IMPROPER OR ILLEGAL USE OF ITS WEB HOSTING SERVICES.

7. Dispute Resolution Policy

Customer agree that if a dispute arises as a result of one or more web sites Esiteworks is hosting for Customer, Customer will indemnify, defend and hold Esiteworks harmless for damages arising out of such dispute. Customer also agrees that if Esiteworks is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Esiteworks, that Esiteworks, in its sole discretion, may take whatever action Esiteworks deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled

8. Limitation of Liability

CUSTOMER AGREES THAT ESITEWORKS'S ENTIRE LIABILITY TO CUSTOMER UNDER THIS AGREEMENT, AND CUSTOMER’S ONLY REMEDY, IN CONNECTION WITH ANY SERVICE PROVIDED BY ESITEWORKS TO CUSTOMER UNDER THIS AGREEMENT, AND FOR ANY BREACH OF THIS AGREEMENT BY ESITEWORKS, SHALL BE LIMITED TO THE FEES CUSTOMER PAID TO ESITEWORKS FOR WEB HOSTING SERVICES.

9. Indemnity

Customer agrees to release, defend, indemnify and hold harmless Esiteworks and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Customer account with Esiteworks and/or Customer’s use of the Web Hosting services provided by Esiteworks.

10. Disclaimer of Warrantees

ESITEWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11. Severability

Customer agrees that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

12. Venue; Waiver of Trial By Jury

THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF FLORIDA. THE LAWS AND JUDICIAL DECISIONS OF HILLSBOROUGH COUNTY, FLORIDA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. CUSTOMER AGREES THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF HILLSBOROUGH COUNTY, FLORIDA.

CUSTOMER AGREES TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

13. Notices

Customer agrees that all notices (except for notices concerning breach of this Agreement) from Esiteworks to Customer may be posted on our web site. Notices concerning breach will be sent either to the email or the postal address Customer has on file with Esiteworks. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from Customer to Esiteworks shall be made either by email, or first class mail to our address at:

Esiteworks, Inc.
PO BOX 2745
Riverview, FL 33568-2745
Phone: (813) 760-1460
Fax: (813) 760-1460

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