Advanced Digital Media Web hosting terms of service

aDigitalHost
Terms of Service (service agreement) /
WEBSITE HOSTING CONTRACT

Revised 3/17/2006

THIS AGREEMENT is made and entered between Advanced Digital Media, P.O. Box 352, Ignacio, Colorado, hereinafter referred to as aDigitalHost and the Customer, who wishes to use the services of Advanced Digital Media in accordance with aDigitalHost's standard application, the online order form.

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, aDigitalHost 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 aDigitalHost to establish an Internet web presence on one of aDigitalHost's server computers in a shared web hosting environment sharing space an a web server with other web sites).

2. CONDITIONS: The application, signup form or placing an order by phone and this Agreement constitute a binding contract between aDigitalHost and the Customer and does not extend to any other person or entity. Cancellations after the application is received and web space is set-up will still hold the Customer responsible for server space and the set-up fee of the web space, unless the cancellation is within the first 30 days of the initial (first term) signup, then the customer, upon request, will be refunded the current first month's fee excluding any applicable setup fee, domain name registration fee or additional add-ons purchased by the customer. Customer acknowledges that Adult material, copyrighted material not belonging to the Customer, and Spamming (the sending of unsolicited Emails) or any other violation of aDigitalHost's Acceptable Use Policy are strictly prohibited. Customer acknowledges that violation(s) of these conditions are cause for termination of this agreement and no refunds or credits will be made to the Customer even if the Customer prepaid for an extended period. Customer may also be liable to aDigitalHost for up to $500.00 USD for cleanup of Spam violations at aDigitalHost's Discretion.

3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that aDigitalHost makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that aDigitalHost 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, delays, non-deliveries, loss of business or service interruptions. Customer Agrees that aDigitalHost is not liable to pay or refund the customer any fees, damages or payments with the exception of aDigitalHost's 99.9% Network Uptime Protection. The 99.9 % Network Uptime Protection only covers the network connection to the web servers. The 99.9 % Network Uptime does not cover the actual operation of the web server or the customer's web site functioning. the 99.9 % Network Uptime Protection only covers the internet connection to the web server. If the aDigitalHost's Network Connection to the internet (not the Customer's Connection to the internet) is not available more than one (1) hour during a given month, the customer may request in writing a refund of $1.00 USD to be credited toward the next month's or period's renewal fee. Customers will not be given any other type of payment besides a credit for the following service Period. If the connect described above in this paragraph is not available for a continuous 8 hour period in a given month, the customer may request a 10 percent of one month's credit for that month applied to the next renewal period. If this same connection is down more than 24 continuous hours the Customer my request a 25 percent credit for 1 month during the next renewal period. NOTE: THE 99.9 % NETWORK UPTIME PROTECTION DOES NOT COVER THE AVAILABILITY OF THE CUSTOMER'S WEB SITE. IT ONLY COVERS THE CONNECTION TO FROM THE INTERNET TO THE WEB SERVER.

Customer acknowledges that aDigitalHost makes regular scheduled backups of its servers and websites hosted on aDigitalHost servers and that aDigitalHost is under no obligation to re-install customers data or restore Customer's web content or data. Customer is responsible to make working backups and store working backups on Customer's own computers. If aDigitalHost chooses to re-install a Customer's web content or data, Customer agrees that they may be required to pay aDigitalHost a fee up to $50.00 USD. aDigitalHost does not guarantee the quality or reliability for data/site backups.

4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by aDigitalHost is at the Customer's sole and absolute risk. aDigitalHost specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby. The Customer acknowledges that information will be provided to third parties for the purpose of processing orders and/or fees.

5. DOMAIN NAME: If aDigitalHost 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 aDigitalHost, 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 aDigitalHost for any reason. If Customer requests that aDigitalHost acquires a domain name at the Customer's request, Customer acknowledges that aDigitalHost is not a Domain Name Register, but resells domain name registration(s) from a Domain Name Register of aDigitalHost's choosing. Customer acknowledges the Customer's contact and billing information may be provided to the Domain Name Register through aDigitalHost.

6. PAYMENT: The set-up fee is due at the time the application, signup form is filled out, and submitted to aDigitalHost or order processing information provided by phone, email or fax to aDigitalHost. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be payable a minimum of one (1) day in advance of the service period depending on the selected fee schedule. Subsequent payments are due on the renewal date per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, aDigitalHost shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.

7. UNILATERAL SERVICE REVOCATION: In the event that aDigitalHost may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, aDigitalHost may immediately discontinue such service to the Customer without liability or damages. NO REFUNDS Will be Due the Customer.

8. INDEMNIFICATION: The Customer shall indemnify and hold harmless aDigitalHost from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against aDigitalHost 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. aDigitalM Cart™: aDigitalM Cart™ is Copyrighted by Advanced Digital Media, and is under License of Use to use on one website for which it is licensed. aDigitalM Cart™ may not be sold, distributed, copied or transferred to any third party without the expressed written permission of Advanced Digital Media. If the site is sold, the license may transferred to the party purchasing the site. It is the original Licensee's responsibility to insure the transfer of the license is completed with Advanced Digital Media. It is agreed that aDigitalM Cart™ is Licensed AS IS. Furthermore, the licensee (Customer) agrees to INDEMNIFY and Hold harmless Advanced Digital Media, and/OR it's Agents against all claims arising form it's use. The license agrees that it is the responsibility of the Licensee to safeguard any and ALL Personal Identifiable or Financial Information of customers using aDigitalM Cart™. aDigitalM Cart™ is Licensed AS IS and WITHOUT WARRANTEE. Advanced Digital Media Agrees to INDEMNIFY licensee of aDigitalM Cart™ of any COPYRIGHT violation contained in the original source code.

10. CHANGES IN TERMS OF AGREEMENT: aDigitalHost reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer (notice considered to be given when published on this page and/or website and is Customer's responsibility to periodically review the Web Hosting Contract), 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. CHARGE BACK/Not Sufficient Funds Payments: Credit Card/Debit Charge Backs and check with non-sufficient funds may result in immediate suspension and/or termination of accounts or work performed. Accounts will not be reactivated until funds have been received by aDigitalHost. The account will be subject to a $50.00 setup fee to re-activate the account. Customer acknowledges that aDigitalHost has no obligation to provide any backup or copies for any website, website content or related files to Customer. Checks received by aDigitalHost that are returned from a financial institution under conditions of Non-sufficient funds or Credit Card/Dept Card or PayPal Charge backs will result in a fee to you of $25.00 or maximum allowable by law. These checks may be turned over to Law Enforcement Agencies for prosecution. Customer agrees to pay any and all collection fees associated with collection payments, fees, or cleanup fees to aDigitalHost or aDigitalHost collection agent.

12. LATE/DELINQUENT PAYMENT:
Accounts that are more than 10 days delinquent or late with payment will be charged a $10.00 late fee plus 1.5 Percent of the unpaid balance per month. Accounts more than 20 days delinquent may be suspended. Suspended accounts may be required to pay a $50.00 reinstatement fee before the account is restored.

12. 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.

13. GOVERNING LAW: This Agreement shall be governed by the laws of the State of Colorado 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.

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.