Pop a Wheely.com - Web Hosting Agreement
This Web Hosting Agreement is between
PopaWheely
HC78 Box9518
Ranchos de Taos
New Mexico, 87557
("PopaWheely")
and
You, the hosting customer
("You").
BY ACCEPTING THIS AGREEMENT AND USING COMPANY'S SERVICES YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, COMPANY'S ACCEPTABLE USE POLICY AND COMPANY'S NO-SPAM POLICY.
PopaWheely and You agree to the following provisions:
1. Provision of Services.
PopaWheely agrees to provide services to You in exchange for your payment for PopaWheely' services, your execution and compliance with this agreement, and your compliance with PopaWheely' Acceptable Use Policy and No-Spam Policy. Provision of PopaWheely' services shall commence once PopaWheely has received both your payment for PopaWheely' services and this Agreement duly executed by You. You warrant and represent that You shall use PopaWheely' services only for lawful purposes.
2. Agreement Term.
The initial term of this agreement shall be from the date of your initial payment and execution of this agreement through the remainder of the calendar month in which this agreement was executed.
The term of this agreement, after the initial agreement term, shall continue for the period in which you continue to pay PopaWheely for hosting services. In other words, if you decide to pay PopaWheely monthly, the agreement term will shall continue for each month you pay for those services. If you choose to pay PopaWheely quarterly, the agreement term shall continue for each quarter (three months) that you pay for said services.
3. Automatic Renewal.
This agreement shall renew automatically at the end of the prior agreement term unless terminated either by You or by PopaWheely in writing (email, mail, or fax).
4. Termination without Cause.
You may terminate this agreement at any time, for any reason, by contacting PopaWheely, either by phone or email, and requesting that your account be canceled.
PopaWheely shall not refund amounts already billed for the service period in which You terminate the agreement.
If You terminate this agreement, your Web site content, databases, and email messages will be backed up and provided to You as an archive file, and sent to You either by email, or burned to a CD AND MAILED TO YOU.
PopaWheely may terminate this agreement at any time, for any reason, by providing written or electronic mail notice of termination to your primary Web site's e-mail contact address no less than fifteen days prior to the service termination; and.
5. Termination for Cause.
YOU AGREE TO KEEP POPAWHEELY INFORMED OF ALL CURRENT CONTACT INFORMATION FOR YOUR ACCOUNT. FAILURE TO MAINTAIN OR KEEP CURRENT ALL CONTACT INFORMATION SHALL BE A VALID GROUND FOR POPAWHEELY TERMINATION OF SERVICES FOR CAUSE.
IF POPAWHEELY TERMINATES YOUR ACCOUNT FOR A VIOLATION OF THIS AGREEMENT, COMPANY'S ACCEPTABLE USE POLICY, OR COMPANY'S NO-SPAM POLICY, COMPANY SHALL NOT BE REQUIRED TO REFUND TO YOU ANY AMOUNTS BILLED TO YOU FOR THE BILLING PERIOD IN WHICH COMPANY SERVICES TERMINATE.
6. Payment Terms.
You agree to be billed for all recurring and one-time charges, including late charges, for any PopaWheely services ordered by You and any fees You owe to PopaWheely.
Hosting charges are payable in advance in 12 month installments.
Charges for upgrading your current hosting package, or performing add-on requests, will not be billed until your next invoice.
PopaWheely will submit all invoices to You by email.
Payments can be made online either by Pay Pal, or by check. Payments are due within 30 days of receiving an invoice. Interest in the amount of 1.5% will be added to any outstanding invoices.
7. Taxes.
PopaWheely shall not be liable for any taxes and other governmental fees to be paid which are related to purchases made from You or from PopaWheely' server. You agree that You shall be fully responsible for all taxes and fees of any nature associated with products or services sold through the use of or with the aid of services provided to You by PopaWheely.
8. Materials and Products.
Any material and data You provide to company in connection with PopaWheely' services shall be in a condition that is in a form requiring no additional manipulation on the part of PopaWheely. PopaWheely shall make no effort to validate this material or data for content, correctness, or usability. Material or data that is not in this condition shall be a breach of this agreement.
PopaWheely may, in its sole discretion, reject material or data that You have placed on PopaWheely' servers or that You request PopaWheely put on PopaWheely' servers. PopaWheely agrees to notify You immediately of its refusal of the material or data and provide You with an opportunity to amend or modify the material or data to meet the requirements of PopaWheely. your failure to amend or modify the data or material as directed by PopaWheely within a reasonable time shall be a breach of this agreement.
9. Liability; No Warranty; Limitation of Damages.
YOU EXPRESSLY AGREE THAT USE OF PopaWheely' SERVICES IS AT YOUR SOLE RISK.
PopaWheely guarantees 99.5% uptime for its Web servers. If uptime for your Web server falls below 99.5% (more than 3.5 hours) during any given month, PopaWheely will credit you twice the lost time towards your next month's invoice. For example, if your Web site is unavailable for 24 hours (one day), you will receive 48 hours (two days) of hosting credit on your next invoice.
PopaWheely, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that PopaWheely' services will not be interrupted or error free; neither do they make any warranty as to the results that may be obtained from the use of PopaWheely' services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through PopaWheely' services, unless otherwise expressly stated in this agreement.
PopaWheely, its officers, agents, or anyone else involved in providing PopaWheely' services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use PopaWheely' services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to PopaWheely' records, programs, or services.
PopaWheely will exercise no control over the content of the information passing through PopaWheely' network except those controls expressly provided herein.
PopaWheely makes no warranties or representations of any kind, express or implied, for the service it is providing. PopaWheely also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the You, including loss of data resulting from delays, non-deliveries, or service interruptions by any cause or due to your errors or omissions. Use of any information obtained by way of PopaWheely is to be used at your own risk, and PopaWheely specifically denies any responsibility for the accuracy or quality of information obtained through its services. PopaWheely expressly limits its damages for any non-accessibility time or other downtime to credit applied towards future invoices. PopaWheely expressly limits its responsibility for any damages arising as a consequence of such unavailability.
10. Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights.
Except for rights expressly granted herein, this agreement does not transfer any intellectual or other property or proprietary right to You. You agree that all right, title, and interest in any product or service provided to You is PopaWheely'. These products and services are only for your use in connection with PopaWheely' services provided to You as outlined in this agreement.
You expressly warrant to PopaWheely that You have the right to use any patented, copyrighted, or trademarked material which You use, post, or otherwise transfer to PopaWheely servers.
11. Hardware, Equipment, and Software.
You are responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access PopaWheely servers. PopaWheely makes no representations, warranties, or assurances that your equipment will be compatible with PopaWheely services.
12. Age.
You expressly represent and warrant that You and any person to whom You grant access to your PopaWheely account have reached the age of eighteen.
13. Indemnification.
You agree that You shall defend, indemnify, save, and hold PopaWheely harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys' fess, asserted against PopaWheely, its agents, 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 You, your agents, employees, or assigns.
You agree to defend, indemnify, and hold harmless PopaWheely against liabilities arising out of:
(i) any injury to person or property caused by any products sold or otherwise distributed in connection with PopaWheely services provided to You;
(ii) any material supplied by You infringing or allegedly infringing on the property or proprietary rights of a third party;
(iii) copyright infringement; and
(iv) any defective product which You sold or distributed by means of PopaWheely services.
You agree that the liability limit of PopaWheely shall in no event be greater than the aggregate dollar amount which You paid during the terms of this agreement, including any reasonable attorneys' fees and court costs.
14. Miscellaneous.
Governing Law; Jurisdiction; Forum.This agreement shall be governed by and construed in accordance with the laws of the state of New Mexico without regard to its conflicts of laws or principles. You agree, in the event any suit is brought in connection with PopaWheely' provision of services to You, to submit to the jurisdiction of the state of Oregon, and agree to the courts of Taos County, New Mexicoas the appropriate forum.
Severability. In case any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this agreement, and this agreement shall be construed as if such provision(s) had never been contained herein, provided that such provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
Waiver. No waiver by PopaWheely of any breach by You of any of the provisions of this agreement shall be deemed a waiver of any preceding or succeeding breach of this agreement. No such waiver shall be effective unless it is in writing and then only to the extent expressly set forth in such writing.
Entire agreement. This agreement, including PopaWheely Acceptable Use Policy, and PopaWheely No-Spam Policy, shall constitute the entire agreement between You and PopaWheely.
By paying for hosting service, you agree to the terms outlined in this document.