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>>Acceptable Usage Policy
1)
Definitions
A: "Services" means proposals for offering various services to be
provided by HitSites, as listed online at: http://www.hitsites.com/
B: "Customer" means an end user who is utilizing services provided
by HitSites.
2)
Prices
A: All prices for Plans provided by HitSites to Customer are US
dollars.
B: Customer shall be responsible for paying all taxes of any nature
which become due with regard to the HitSites services, except for
taxes on HitSites' income, irrespective of which party may be
responsible for reporting or collecting such taxes.
3)
Order acceptance, Payment
A: All orders are subject to acceptance by HitSites. An order will
be deemed accepted by HitSites when written confirmation of the
orders is sent to customer. HitSites may refuse to accept any order,
or delay acceptance pending fulfillment of conditions HitSites may
choose to impose. Such refusal or such conditions may not be
unreasonable, however, and HitSites agrees to provide Customer with
reasonable notice via Email or fax of any intent to delay or decline
the acceptance of any order.
B: Payment and Terms: Payment shall be made in US dollars to
HitSites into the account designed by HitSites, or as may otherwise
be agreed in writing by the parties. Payments are due upon account
activation and future renewal. Should payment in full of any invoice
not be received by HitSites within (30) days after activation for
renewal, HitSites may impose a dept service charge amounting to one
percent(1%) of the overdue balance for each month or fraction
thereof the overdue amount remains unpaid. In the event that any
amount remains unpaid thirty(30)days after presentation of invoice,
HitSites may discontinue, withhold, or suspend services to customer
and/or its customer(s) to whom such unpaid amounts relate.
4)
DUTIES OF HitSites
HitSites will acquire, on request, an Internet Domain Name (only
from the US InterNIC) on behalf of the customer. In such case the
customer hereby must waive in writing prior to acquisition of said
domain name, any and all claims which it may have against HitSites
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 services by HitSites for any
reason. Any cost of HitSites in obtaining or maintaining a domain
name for customer or its customers shall be immediately reimbursed
to HitSites upon invoice from HitSites to customer.
5)
Rules And Regulations
HitSites may impose reasonable rules and regulations regarding the
use of its services from time to time. Customer shall impose such
rules and regulations on its customers to the extent necessary to
ensure compliance. This information is posted on the Internet at:
http://www.hitsites.net/usagepolicy.html
6) LIMITATION OF OBLIGATIONS AND LIABILITY
A: HitSites will utilize its best efforts to maintain acceptable
performance of services contracted for services, but HitSites makes
absolutely no warranties whatsoever, express or implied, including
warranty of merchantability or fitness for a particular purpose.
HitSites cannot guarantee continuous service, service at any
particular time, or integrity of data stored or transmitted via the
Internet. HitSites will not be liable for the inadvertent disclosure
of, or corruption or erasure of, data transmitted or received or
sorted on its system. HitSites shall not be liable to customer or
any of its customers for any claims or damages which may be suffered
by customer or its customers, including, but not limited to, losses
or damages of any and every nature, resulting from the loss of data,
inability to access the Internet, or inability to transmit or
receive information, caused by ,or resulting from, delays,
nondeliveries, or service interruptions whether or not caused by the
fault or negligence of HitSites.
99.9% Uptime
Guarantee
(1.) Coverage - This 99.9% uptime
guarantee applies to any HitSites client in good financial
standing with HitSites at the time of a service outage.
(2.) Service Level Agreement &
Specifications - HitSites endeavors to have the content of your
web site available for http access 99.9% of the time. Network
downtime (unavailability) is defined as 100% packet loss from
HitSites to its backbone providers. Downtime is measured past 10
minutes after notification of network failure via HitSites's
online ticketing system. If the ticketing system itself is
unreachable, the ticket must be started by calling the HitSites
NOC. HitSites's administrators will verify the downtime and
determine the end of the downtime by a traceroute to the
customer's machine from outside the HitSites network.
(3.) Credits - In the event that
your web site is not available for more than 99.9%, HitSites will
credit the following month's service fee as follows. For any
shared hosting client, such credit shall be retroactive and shall
be as calculated below and as measured 24 hours a day in a
calendar month, with the maximum credit not to exceed fifty (50)
percent of the monthly service charge for the affected month.
Monthly Uptime Credit
95% to 99.8% 10%
90% to 94.9% 20%
85% to 89.9% 30%
80% to 84.9% 40%
79.9% or below 50%
In order for you to receive a
credit on your account, you must request such credit within seven
(7) days after you experienced the down time. You must request
credit by sending an electronic mail message to refunds@hitsites.net.
For security, the body of this message must contain your account
number, the dates and times of the unavailability of your website,
and such other customer identification requested by HitSites.
Credits will usually be applied within sixty (60) days of your
credit request. Credit to your account shall be your sole and
exclusive remedy in the event of an outage.
(4.) Restrictions - Credits shall
not be provided to you in the event that you have any outage
resulting from (1.) scheduled maintenance as posted from time to
time at HitSites, (2.) your behavior or the performance or failure
of your equipment, facilities or applications, or (3.)
circumstances beyond HitSites's reasonable control, including,
without limitation, acts of any governmental body, war,
insurrection, sabotage, embargo, fire, flood, strike or other
labor disturbance, interruption of or delay in transportation,
interruption or delay in telecommunications or third party
services, including DNS propagation, domain name registration /
transfer, failure of third party software or hardware or inability
to obtain raw materials, supplies, or power used in or equipment
needed for provision of your web site, or (4.) a client breaking
any item in this agreement causing a machine to fail as a result.
B: HitSites may discontinue servicing any plan, or may require
fulfillment of conditions HitSites may choose to impose as a
perquisite for continuing to service any plan. Unsolicited e-mail
using machines controlled by HitSites or unsolicited e-mail to
advertise web pages hosted at HitSites (even if messages are sent
via other e-mail providers) are unacceptable. Advertising,
Marketing, or selling software products for the purpose of spamming
(even if not engaged in spamming yourself) are reasons for
discontinuation service. Such discontinuation or requirement may not
be unreasonable, however, and HitSites agrees to provide customer
with reasonable notice via email or fax of any such intent to
discontinue or impose conditions.
C: Service provided by HitSites to a customer shall be deemed
accepted for all purposes thirty days from invoice, activation, or
renewal for such services, if no written claim or objection
regarding such services has been received by HitSites within the
(30)day period. No claim related to such accepted services shall be
raised.
D: HitSites' liability to customer, and any end user of any plan or
other HitSites services is limited to the amount paid to and
received by HitSites for services not accepted. In no event shall
HitSites be liable to customer, or any end user or any other entity
for any special, consequential, or other damages, however caused,
whether for breach of contract, negligence or otherwise, even if
HitSites has been advised of the possibility of such damage.
E: Customer will take all necessary measures to preclude HitSites
from being made a party to any lawsuit or claim regarding HitSites
services provided to any customer or end user. Customer hereby
agrees to indemnify and hold harmless HitSites from any and all
claims of whatever nature brought by any of Customer's customers
against HitSites in excess of the remedy set forth in paragraph 6
(D).
7) PROPERTY RIGHTS
HitSites owns all right, title and interest in HitSites' trade
names, service marks, inventions, copyrights, trade secrets,
patents, and know-how relating to the design, function, or operation
of plans and the hardware and software systems and resources
necessary to provide the individual service elements of which they
consist. This agreement does not constitute a license to customer to
use HitSites' trade names of service marks. The use by customer of
the other property rights mentioned here is authorized only for the
purpose of marketing and selling Plans in the territory.
8) CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with
HitSites hereunder, it may have access to certain information and
materials to HitSites' business, plans, customers, software
technology, and marketing strategies that is confidential and of
substantial value to HitSites, which value would be impaired if such
information were disclosed to third parties. Customer agrees that it
will not use in any way for its own account nor for the account of
any third party, nor disclose to any third party, any such
information revealed to it by HitSites. Customer further agrees that
it will take every reasonable precaution to protect the
confidentiality of such information. In the event of termination of
this agreement there shall be no use or disclosure by the customer
of any such confidential information in its possession, and all
confidential materials shall be returned to HitSites or destroyed.
The provisions of this section shall survive the termination of the
agreement for any reason. Upon any breach or threatened breach of
this section, HitSites shall be entitled to injunctive relief, which
relief shall not be contested by customer.
9) RELATIONSHIP OF THE PARTIES
The relationship between HitSites and customer is that of vendor and
vendee.
They shall not be construed as being joint ventures,
franchiser/franchisee, or employer/employee. This agreement is a
commercial agreement between businesses, not a consumer agreement.
Customer has no authority, apparent or otherwise, to contract for or
on behalf of HitSites, or in any way legally bind HitSites in any
fashion, nor shall Customer be authorized to make any
representations about HitSites or its services other than to set
forth HitSites' responsibilities as outlined in this agreement.
10) DISPUTES
The parties shall attempt to resolve all disputes arising out of
this agreement in a spirit of cooperation without formal
proceedings. Any dispute which cannot be so resolved (other than the
collection of money due on unpaid invoices) and other than the
injunctive relief referred to in paragraph 10 shall be subject to
arbitration upon written demand of either party. Arbitration shall
take place in Mequon Wisconsin, or at another location if the
parties so agree. The arbitration shall take place before an
arbitration panel chosen as follows: The parties shall each choose
an arbitrator, and the two arbitrators shall choose a third
arbitrator and determine the third arbitrator's compensation. Each
party shall have one veto over the choice of the third arbitrator.
The three arbitrators shall schedule an informal proceeding, hear
the arguments, and decide the matter by secret majority vote. Unless
the arbitrators decide otherwise, each party shall pay the costs of
its own arbitrator, and shall pay half of the other costs of the
arbitration proceedings transcribed. The arbitrators shall not have
the authority to award punitive damages or any other form of relief
not contemplated in the contract. The majority of arbitrators shall
render a written opinion setting forth the basis on which they
arrived at the decision regarding each issue submitted to
arbitration; the dissenting arbitrator, if any, shall not issue a
dissenting opinion. Regarding each issue submitted to arbitration,
the decision shall be final and binding only to the extent it is
accompanied by a written explanation of the basis upon which it was
arrived at. Judgment upon the award, if any, rendered by the
arbitrators may be entered in any court having jurisdiction thereof.
Should any legal action permissible under this agreement be
instituted to enforce the terms and conditions of this agreement, in
particular the right to collect money due on unpaid invoices, the
prevailing party shall be entitled to recover reasonable attorney's
fees and expenses incurred at both the trial and appellate levels.
11) TERM,
TERMINATION
This agreement shall run in accordance with the term of the initial
order.
All terminations should be faxed to 253-423-7855 or you can mail a
hard copy to HitSites 7212 W. Bonniwell Rd. Mequon, WI 53097. The
account will be automatically renewed on a regular basis in
accordance with the term of the initial order or subsequent change
to that term unless terminated in one of the following ways:
A: By customer, by notifying HitSites in writing thirty (30) days
prior to renewal of this agreement. If notification is not received
30 days prior a refund will not be issued.
B: HitSites, upon thirty (30) days written notice, if customer
breaches any material and substantial provision of this agreement
and has not cured by the end of the thirty (30) days.
C: Cancellation of services, set up fees, installation fees, host
system change, are non-refundable at any time.
Parking fees are non-refundable. If written notification is not
within (30) days of the order being placed, there will be no refund.
D: For billing issues go to our online support.
E: For changes to your account being method of payment or to update
information go to our online support.
F: Non-payment on renewals
G: All NSF checks will not be re-deposited. Another method of
payment will have to be used. A cashier check, money order, or
credit card can be used. The web site will be on hold until payment
is received.
1) HitSites provides customer with written notice of the specific
reasons for its belief in this regard, and
2) Customer has not cured by the end of sixty (60) days.
D: By HitSites, immediately upon giving written notice to customer,
in the Event that
1) Any bank draft or check delivered by customer to HitSites in
payment for products is returned unpaid and customer fails to remedy
such nonpayment within five (5) business days. A $50.00 fee will be
charged to customer for returned checks.
2) Customer becomes more than sixty (60) days in arrears in payment
of its account with HitSites;
3) There are instituted bankruptcy or insolvency proceedings against
customer, which are not vacated within sixty (60) days from the date
of filing;
4) Customer institutes voluntary bankruptcy or insolvency
proceedings, or otherwise admits insolvency; or
5) Customer makes an assignment of all or part of its assets for the
benefit of creditors.
E: By HitSites immediately, if Customer attempts to assign all or
any part of this Agreement without HitSites's prior written
approval.
1) Specifically,
reselling of web space provided by HitSites is prohibited with any
plan other than the reseller plan.
F: By HitSites immediately, if customer fails to inform HitSites in
writing immediately on the happening of any event specified in this
section;
G: By customer, immediately upon giving written notice to HitSites,
if
1) There are instituted bankruptcy or insolvency proceedings against
HitSites, which are not vacated within sixty (60) days from the date
of filing;
2) HitSites institutes voluntary bankruptcy or insolvency
proceedings, or otherwise admits insolvency;
3) HitSites makes an assignment of all or part of its assets for the
benefit of creditors; or
4) HitSites fails to inform customer in writing immediately on the
happening of any event specified in this section.
The provisions of paragraph survive any termination of this
agreement.
12) NONASSIGNABILITY
Customer 's rights and obligations under this agreement may not be
transferred or assigned directly or indirectly without the prior
written consent of HitSites which consent shall not be unreasonably
refused.
13) PARTIAL INVALIDITY
If any provision of this agreement is held to be invalid by a court
of competent jurisdiction, then the remaining provisions shall
nevertheless remain in full force and effect. HitSites and customer
agree to renegotiate in good faith any term held invalid and to be
bound by mutually agreed substitute provisions.
14) APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes place when accepted by HitSites in Wisconsin,
It is to be governed by and constructed under the laws of the State
of Wisconsin and the United States Of America. The Federal and State
Courts of the state of Wisconsin shall have exclusive jurisdiction
to adjudicate any non-arbitral dispute arising out of this
agreement. Customer hereby expressly consents to 1)the jurisdiction
of the courts of Wisconsin and 2)service of process being effective
on it by mail sent to the address set forth at the beginning of this
document, as may be changed from time to time by written notice
actually received by HitSites. To the extent permissible by the law
of customer's jurisdiction, customer waives any requirement that
service of process or of any documents be made upon it pursuant to
the provisions of the Hague Convention.
15) NOTICES
Except with respect to services of process as set forth in paragraph
(11) all notices may be sent by e-mail, fax, or express mail to the
email address, fax number, or address most recently provided and
will be effective upon transmission shall be retained.
16) ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding
between the parties and merges all prior discussion between them.
HitSites may make changes to this agreement upon thirty (30) days'
written notice to customer, advising of the change and the effective
date thereof. Utilization of HitSites services by customer and/or
its Customers following the effective date of such change shall
constitute acceptance by customer of such change(s). Otherwise, this
agreement may not be modified except by the written consent of both
parties.
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