THIS AGREEMENT is made and entered between Precision Web Hosting, Inc., hereinafter referred to as Precision Web Hosting, Inc. and and the Customer, who wishes to use the services of Precision Web Hosting, Inc. in accordance with Precision Web Hosting, Inc.’s standard application.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web service provider, Precision Web Hosting, Inc. provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of Precision Web Hosting, Inc. to establish an Internet web presence on one of Precision Web Hosting, Inc.’s server computers.
2. CONDITIONS: The application and this Agreement constitute a binding contract between Precision Web Hosting, Inc. and the Customer and does not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations within the 30 day money back period will receive 100% of all monies paid. (Please note: if we are registering a new domain for you, monies for domain registration are not refundable.) Cancellations after that time period will receive a prorated refund.
3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that Precision Web Hosting, Inc. makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Precision Web Hosting, Inc. shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by Precision Web Hosting, Inc. is at the Customer’s sole and absolute risk. Precision Web Hosting, Inc. specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5. DOMAIN NAME: If Precision Web Hosting, Inc. shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Precision Web Hosting, Inc., for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Precision Web Hosting, Inc. for any reason.
6. PAYMENT: The first payment is due at the time the application is filled out, and returned to Precision Web Hosting, Inc.. Subsequent payments are automatically billed until cancellation is received. The payments are due at the beginning of the each new hosting period until cancellation is received. Payments not made by the required date are subject to a $7.50 late fee. For customers paying by credit card, your card will continue to be automatically charged in accordance with the billing schedule chosen, until that time a cancellation request is received. All cancellations must be submitted using our online cancellation form. For customers paying by check, invoices are normally emailed out 25 days in advance of the due date. In the event that the Customer fails to pay for such services in advance, Precision Web Hosting, Inc. shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.
7. UNILATERAL SERVICE REVOCATION: Customer is solely responsible to maintain, supervise, and monitor the content of Customer’s website; provided, however, if in the event that Precision Web Hosting, Inc. may at any time believe that the service is being utilized for unlawful purposes or purposes detrimental to the Precision Web Hosting network, by the Customer or in contravention with the terms and provisions herewith, Precision Web Hosting, Inc. may immediately discontinue such service to the Customer without liability. This will include adult content, links to adult content and/or unsolicited email or newsgroup postings (spam). (We do not host lingerie sites.)
8. INDEMNIFICATION: The Customer shall indemnify and hold harmless Precision Web Hosting, Inc. from any and all loss, cost, expense, legal fees, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Precision Web Hosting, Inc. on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
9. ATTORNEY FEES: In the event of any binding arbitration or litigation between the parties hereto to enforce any provision or right hereunder, the prevailing party shall be entitled to recover all costs and expenses, including, without limitation, reasonable attorneys’ fees incurred by such successful party, which costs, expenses, and fees shall be included in any judgment rendered in such litigation, in addition to any other relief to which such successful party may be entitled.
10. CHANGES IN TERMS OF AGREEMENT: Precision Web Hosting, Inc. reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
11. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
12. GOVERNING LAW: This Agreement shall be governed by the laws of California in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.
13. ARBITRATION: The parties agree that any claim or dispute arising under, out of, in connection with, or relating to, this Agreement or any alleged breach thereof, shall be settled by binding arbitration, using the arbitration services of the Better Business Bureau. Any award rendered by the arbitrator or arbitrators shall be final and binding on each of the parties hereto, their successors and assigns, and judgment may be entered thereon in any court having jurisdiction thereon. The parties agree that these methods shall be the sole remedy for any controversy or claim arising out of this Agreement and expressly waive their right to file any legal action in any civil court or agency against one another for such disputes, except to enforce an arbitration decision.
14. FORUM SELECTION: The parties agree to submit to the jurisdiction of the state or federal courts sitting in the County of San Diego, State of California, with respect to any litigation arising out of or relating to this Agreement.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.
This Acceptable Use Policy
This Acceptable Use Policy specifies certain actions prohibited by Precision Web Hosting, Inc. for users of the Precision Web Hosting Network. Precision Web Hosting reserves the right to modify this Policy at any time to stay in compliance with any laws, regulations and security requirements. By using the Precision Web Hosting services, any customer, employee or third party unconditionally accepts the terms of this policy. ILLEGAL USE. The Precision Web Hosting Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; unlicensed replica items and clothing; government and military data protected by law and national security; university and academic data protected by public policy; sales of drug paraphernalia, drug detoxification products, adult material (Including sex related products sexual enhancement products, lingerie items, etc..), and material that is obscene, vulgar, defamatory, racist, promoting hate of groups based upon race or religion, constitutes an illegal threat, or violates export control laws. Any violation of the above which compromises the integrity of the Precision Web Hosting Network or any other network is strictly prohibited. SYSTEM AND NETWORK SECURITY. Violations of system or network security are prohibited, and may result in criminal and civil liability. Precision Web Hosting will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected. Examples of unlawful acts, system, or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, damage, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.
EMAIL. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site owner. Sending unsolicited email through our servers, or sending spam advertising a site hosted on our servers is not allowed. Also, selling software that has as it’s purpose to facilitate spamming is not allowed. COMMUNITY REPUTATION: Precision Web Hosting, Inc. reserves the right to terminate hosting for web sites with a bad reputation in the community; this includes BBB ratings lower than “B”, or Precision Web Hosting, Inc. receiving customer complaint(s) regarding your service. USENET. Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “SPAM”) is expressly prohibited. INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A PRECISION WEB HOSTING CUSTOMER OR A CUSTOMER’S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER. For Example: If you are hosting a bulk email site on Precision Web Hosting servers and you use another ISP to SPAM from in order to reference your Precision Web Hosting site by IP address or domain name, you are violating precisionwebhosting.com policy and possibly the law. Any type of denial of service attack from valid or invalid addresses is a violation of Precision Web Hosting security policy and against the law. If you have been granted password privileges for FTP or telnet, sharing your password with an unauthorized user or third party is strictly prohibited. Complaints regarding illegal Use or System or Network Security issues should be sent to Click here to e-mail us Complaints regarding email abuse should be sent to Click here to e-mail us Complaints regarding USENET abuse or SPAM should be sent to Click here to e-mail us Precision Web Hosting will also not tolerate any sales of drug paraphernalia, adult material or spamming and both infringements shall result in immediate termination and removal of the site and/or virtual server without a refund. (We do not host lingerie sites.) Precision Web Hosting prides itself as a responsible member of the Internet community and is committed to protecting the data of and providing quality service to all Precision Web Hosting customers all of the time. INTERACTION WITH Precision Web Hosting STAFF. Any threat, vulgar language or harassment directed at any precisionwebhosting.com staff member through phone or email may result in immediate termination of an account. Any violation of this policy by any employee, contractor or third party programmer of precisionwebhosting.com should be reported immediately.