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Terms of Service

Customer Service Agreement

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What is Springs Hosting’s Customer Service Agreement (Terms of Service)?

Terms of Service Agreement (TOS)

Last Edited: April 5, 2013 – Version 1.0

This is an agreement between the you (hereafter referred to as the Customer) and Springs Hosting regarding your use of Springs Hosting equipment, interactive information, communication and facilities. This Agreement governs the terms and conditions under which Springs Hosting makes the services offered by Springs Hosting available to consumers through a personal computer or similar access, or to individual costumer or small businesses in connection with the Springs Hosting facilities, services, or equipment. Under this Agreement, you must comply with Springs Hosting’s current “Acceptable Use Policy,” as updated from time to time by Springs Hosting.  By opening an account with Springs Hosting, you are agreeing to our Terms of Service Agreement.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

Warranty.

Springs Hosting ‘s services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Springs Hosting expressly disclaims any representation or warranty that the Springs Hosting services will be error-free, secure or uninterrupted. No oral advice or written information given by Springs Hosting, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

Shared Hosting.

Springs Hosting will host an account for the Customer’s chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Customer. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated by the Customer. We require written notification of non-renewal with at least 30 days notice but not more than 60 days prior to the renewal date. If you do not provide this notice, you will be charged for the next term’s rate. There are no refunds on any services provided by Springs Hosting.

The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Customer agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Springs Hosting, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Springs Hosting based upon the severity of the violation. Springs Hosting reserves the right to refuse service if any of the content within, or any links from, the Customer’s website is deemed illegal, misleading, or obscene, or is otherwise in breach of Springs Hosting’s then current Acceptable Use Policy, in the sole and absolute opinion of Springs Hosting.

General.

Notwithstanding anything in this Agreement, the content of the Customer’s website is the sole responsibility of the Customer. The Customer agrees to indemnify and hold harmless Springs Hosting from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by Springs Hosting, (collectively, claims) related to or in connection with the content of the Customer’s website. The terms of this Section will survive any termination of this Agreement.

Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Customer. Customer is aware that Springs Hosting reserves the right to change the specified rates and charges from time to time.

The Customer agrees to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. The Customer is responsible for security of their password(s). Springs Hosting will not change passwords to any account without proof of identification, which is satisfactory to Springs Hosting, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Customer, Customer understands that Springs Hosting will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Springs Hosting be liable for any losses incurred by Customer during this time of determination of ownership, or otherwise. The Customer agrees to indemnify and hold harmless Springs Hosting from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

The Customer agrees not to harm Springs Hosting, its reputation, computer systems, programming and/or other persons using Springs Hosting’s services. Springs Hosting reserves the right to select the server for Customer’s website for best performance. The Customer understands that the services provided by Springs Hosting may be provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage.

If the Customer’s website overwhelms the server and causes complaints from other users, the Customer has outgrown the realm of shared servers, and will need to relocate the Customer’s website. If the Customer refuses to comply with this Section, then Springs Hosting has the right to terminate the services provided to the Customer without any refunds of the unused portion prepaid by the Customer.

The Customer agrees to indemnify and hold harmless Springs Hosting and any other Customer from any and all Claims resulting from the Customer’s use of the services provided by Springs Hosting. The terms of this Section will survive any termination of this Agreement.

Springs Hosting shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading of materials from the web server. In no event shall Springs Hosting be liable for any indirect, punitive, special, incidental, or consequential damage (including but not limited to loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from this web server.

Backups.

Customer has sole responsibility for the adequate protection and backup of data and/or equipment used in connection with the web server. Customer will not make a claim against Springs Hosting for lost data, re-run time, inaccurate output, work delays, or lost profits resulting from the use of the web server. Customer agrees to hold Springs Hosting harmless from, and promises not to sue Springs Hosting for, any claims based on or related to the use of the web server.

The Customer’s rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Springs Hosting.

If the Customer sells or resells advertising or Web space to a third party then the Account Holder will be responsible for the content of that advertising and the actions of that third party. Springs Hosting has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Springs Hosting Acceptable Use Policy.

Email.

The e-mail distribution by the Customer of “SPAM”, “JUNK MAIL”, or “UNSOLICITED COMMERCIAL E-MAIL”, is expressly prohibited. If the Customer refuses to remove any advertising or other third party content deemed objectionable by Springs Hosting, Springs Hosting may terminate the services being provided to the Customer.

Service Level Agreement (SLA).

Springs Hosting will use its best efforts to maintain a full time internet presence for the Customer. The Customer hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disasters, acts of God, or human error. In no event shall Springs Hosting be liable to the Customer for any damages resulting from or related to any failure or delay of Springs Hosting in providing access to the Internet under this Agreement. In no event shall Springs Hosting be liable to the Customer for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Springs Hosting under this Agreement, if any, shall in no event or circumstance exceed the total monthly amount actually paid by the Customer hereunder. The terms of this Section will survive any termination of this Agreement.

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Customer is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Springs Hosting account may not be transferred without prior written approval from Springs Hosting. The Customer is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Customer’s account, the Customer will be liable for any unauthorized use of the Springs Hosting services, including any damages resulting there from, until the Customer notifies Springs Hosting’s customer service.

If Springs Hosting assigns the Customer an Internet Protocol (IP) address in connection with the Customer’s use of the Springs Hosting services, the right to use that Internet Protocol address will remain with and belong only to Springs Hosting, and the Customer will have no right to use that Internet Protocol address except as allowed by Springs Hosting in its sole and absolute discretion.

This Agreement may be terminated by Springs Hosting for nonpayment by Customer.  Springs Hosting may terminate the Agreement, at any time, without notice, if, in Springs Hosting’s sole and absolute discretion and/or judgment, Customer is in violation of any term or condition of this Agreement and related agreements, AUP, or Customer’s use of the Services disrupts or, in Springs Hosting’s sole and absolute discretion and/or judgment, could disrupt Springs Hosting’s operations.  If in the event any amount due to Springs Hosting is unpaid seven (7) days after such payment is due, Springs Hosting, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services.

This Agreement constitutes the entire agreement between the Customer and Springs Hosting with respect to the Springs Hosting services and supersedes all prior agreements between the Customer and Springs Hosting. Springs Hosting’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in El Paso County, Colorado. 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. The terms of this Section will survive any termination of this Agreement.

The Customer agrees to indemnify and hold Springs Hosting harmless from any and all Claims resulting from or connected with any activities conducted by the Customer. The Customer and Springs Hosting will promptly notify the other upon receipt of any claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

Springs Hosting may include the Customer’s name and contact information in directories of Springs Hosting service subscribers for the purpose promoting the use of the services by additional potential clients. However, Springs Hosting is not authorized to print the Customer’s name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Customer.

The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Colorado (excluding its choice of law rules) and the federal laws of United States applicable therein. The Customer hereby consents to personal jurisdiction in the federal and provincial courts of El Paso County, Colorado for any action arising out of or relating to the Customer’s use of the Springs Hosting services. The federal and provincial courts of El Paso County, Colorado will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.

Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Springs Hosting has been decided to create its no adult sites policy for its virtual server users.

Money-Back Guarantee – Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. Reseller Customer’s can receive a refund if account is cancelled within the initial 7 days after sign up. If the Customer cancels after the time period specified, there will be no refund given.

Virtual account holders can receive a refund if account is cancelled within the initial 30 days after sign up. There is no refund for domain registrations regardless of whether or not it is within the 30 day initial period of time after sign up. If the account holder cancels after the time period specified (30 days), there will be no refund given. All cancellations can be done in writing or by email. Springs Hosting will acknowledge cancellation request by customer within 48 hours at which time the cancellation request has been accepted by Springs Hosting.

Domains & Domain Renewals.

It is the sole responsibility of the Customer to make sure that their domain is renewed before the expiration date. A domain that is not renewed by the date of expiration shall be deemed to be abandoned.  Any website associated with the domain will no longer resolve to the Customer’s website or related services.  After ten (10) days after the expiration date, Springs Hosting may permanently delete the domain if it has not been renewed by the Customer.

Service Renewals.

It is the sole responsibility of the Customer to make sure that their account is in good standing and that any related bills are paid on or before their expiration date.  Any service that is not renewed by the date of expiration will be deemed to be abandoned.  Any services associated with the particular service that has not been renewed may cease to function.  After ten (10) days after the expiration date, Springs Hosting may permanently delete the service if it has not been renewed by the Customer.

Affiliate Program.

Our Affiliate Program is for agencies that refer clients to Springs hosting, or set up accounts on behalf of clients who will need to access the account.  We create a unique referral link for the agency that can be used to invite clients to create an account.  The agency earns five-percent of Springs Hosting services, excluding domain purchases, by the account that was signed up using the referral link.  This lasts for the first 36 months of the account’s life.  This program works best for web design and development companies who would like to give clients control of their own accounts, but maintain access to those accounts with whom they provide their services.

If you have any additional questions, please contact us at:

Springs Hosting
1205 Shasta Dr.
Colorado Springs, CO 80910

719.393.9266 (Colorado Springs) – 303.495.3441 (Denver)

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