TERMS AND CONDITIONS
WEB HOSTING SERVICE AGREEMENT
This Web Hosting Agreement ("Agreement") sets forth the Terms and Conditions of the use of Evolve Media, Inc's servers, ("Evolve Media") and Client ("Client") for web hosting services. Client certifies that the individual representing the Client is at least 18 years of age. To become an Evolve Media web hosting client, Client must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules, and any policies that are or may be published by Evolve Media. This Agreement will become effective when web hosting has been accepted by Client to be provided by Evolve Media. Evolve Media may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered at anytime. Client will be bound by the modified Agreement, prices and/or policies if Client continues to use Evolve Media's web hosting services.
Scope of Services and Your Obligations
This Agreement defines the terms and conditions of Evolve Media's services as offered by Evolve Media and used by Client, including the provision of web hosting services on Evolve Media's servers and server connectivity to the Internet ("Services"). Evolve Media will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, Evolve Media maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to Client and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
Evolve Media reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its account holders or for any other reason it in good faith deems necessary. Evolve Media will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not Evolve Media's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.
Client agrees to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that Evolve Media is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, Evolve Media will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, Evolve Media has a policy of terminating accountholders who are copyright infringers. For more information, please visit the Copyright Infringement section of this Agreement.
Neither the content of websites located on Evolve Media's servers nor the links to other websites are screened, approved, reviewed or endorsed by Evolve Media. Evolve Media is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting only as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not Evolve Media's statements of advice, opinion or information.
Payment Policies, Fees, and Refunds:
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by postal mail. Prepayment is due each anniversary (one month, three month, six month, one year, two years) on the first day of the month. Billing will continue until Client cancels the hosting account. Client may cancel Services with Evolve Media at anytime. As a policy, we do not offer credits or refunds for web hosting. Domain registration fees and setup fees are nonrefundable.
All monetary transactions are in $US dollars. Monthly prices are not prorated. Evolve Media reserves the right to change prices at any time.
If Client's account has an overdue balance, Evolve Media has the right to suspend the account until the overdue balance is paid. Please note that it is the responsibility of the Client to keep the account current. Client can check the current account balance at any time by contacting our accounting office.
The validity, terms, performance, and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of California (without regard to conflicts of laws principles).
Client agrees to use all Evolve Media services and facilities at their own risk. Evolve Media specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Evolve Media be liable for any loss of business, loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, CLIENT AGREES TO WAIVE AND HOLD EVOLVE MEDIA HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY EVOLVE MEDIA. CLIENT AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD EVOLVE MEDIA HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST EVOLVE MEDIA, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS EVOLVE MEDIA AGAINST LIABILITIES ARISING OUT OF:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Evolve Media's servers;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement
(4) any defective products sold to customer from Evolve Media's servers.
Evolve Media shall be the sole judge of what violates this Policy.
Client may cancel Services at anytime. As a policy, we do not offer credits or refunds for web hosting. Domain registration fees and setup fees are nonrefundable.
NOTE: Evolve Media charges a $25.00 fee for returned checks. For international customers, all checks/money orders paid for Services must be drawn in US dollars. Phone requests will not constitute acceptance of any cancellation, unless approved by a representative or employee of Evolve Media. Email or written notification of cancellation must be received at least five business days prior to the end of the month in order to avoid charges in full for the next cycle. It is the Client's responsibility to secure email or written confirmation from Evolve Media that account has been cancelled. If the Client has not yet received email confirmation of account cancellation, then the account remains active, and You will continue to be invoiced.
If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. All Evolve Media web hosting accounts must be paid in full before the cancellation will be considered complete.
Transferring the hosted domain name to another provider or nonuse of Client's hosting account does not constitute canceling the Services. Client must notify Evolve Media to formally cancel Services and avoid further charges.
It is the responsibility of the Client to inform Evolve Media of any account changes. This includes contact person(s), mailing address, phone and fax numbers, and email address.
Evolve Media may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Client's email account may not be referenced as the originator, intermediary, or reply-to address of such email. Evolve Media considers mass email any email message sent to more than 25 email addresses or more than 10 news groups at a time.
Client is responsible for keeping individual email account storage (unless otherwise approved by Evolve Media) below 10 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express or Eudora. It is up to the discretion of Evolve Media to increase an individual email account.
Evolve Media is committed to a zero-tolerance, anti-Spamming policy. Under this policy, Evolve Media prohibits Spam, or any unsolicited commercial email, from being sent either: over the Evolve Media network, by Clients or any other users of the Evolve Media network (including Client's customers); AND/OR over ANY network - if the message sent advertises or mentions a site hosted on the Evolve Media server.
Evolve Media reacts quickly and seriously to violations, and Evolve Media further reserves the right to terminate Services, without prior notice, of any Client disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an Evolve Media email address or web site URL is prohibited. The use of Evolve Media servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a fee of $500.00.
If Client has any complaints or comments regarding Spam on the Evolve Media network, please direct them to us.
All Services provided by Evolve Media may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. Client agrees to indemnify and hold harmless Evolve Media from any claims resulting from the use of the Service, which damages the Client or any other party.
We do not allow sites that promote any illegal activity or present content that may be damaging to Evolve Media servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
After an investigation is performed, any illegal activity, spamming or hacking will result in Client's Services being shut down and all files deleted.
- Pirated software
- Hacker programs or archives
- Warez sites
- Any form of pornography
Evolve Media will be the sole arbiter as to what constitutes a violation of this provision.
CGI Scripts Policy:
Each account comes with its own cgi-bin. Client may install any CGI script within the account control panel, however Evolve Media reserves the right to disable any CGI script that effects normal server operation or service to other Evolve Media customers.
Evolve Media allows chat rooms, although they must meet the Content Policy guidelines.
Evolve Media allows for very generous traffic. Those customers that require more bandwidth will be determined and assigned by Evolve Media. Evolve Media Clients are discouraged from storing any files that cause excessive traffic on Evolve Media servers. Please contact us for more information.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to Evolve Media, our servers, or any other Internet servers will result in immediate account deactivation without prior notice. No refund will be given in this case.
We reserve the right to charge additional fees for extremely high bandwidth sites (over 5 GB of transfer per month). Cost per every 1 GB is $15.00 per month.
If Client's account is under investigation, Evolve Media has the right to temporarily suspend Client's account to ensure the integrity of the server. Services may be suspended if payment has not been received for 30 days. Evolve Media will determine whether Services will be suspended or not. If it is determined by Evolve Media that Services be suspended, there will be a $25.00 reactivation fee.
Backups of hosting account data are made daily on a separate hard drive on the server Client is hosted on. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Clients' responsibility to maintain local copies of their web content and any other information hosted on the server. Within Client's control panel is an area to download the most recent site data and database data. If data loss occurs, Evolve Media will attempt to recover the data from the most recent archive for a $50.00 fee, but again, makes no guarantee that the data will be restored.
Evolve Media offers telephone support Monday – Friday, 9am – 5pm PST. Client agrees not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message or leaving multiple messages in the same 24-hour period. Clients who abuse telephone support privileges may, at Evolve Media's sole discretion, have telephone support privileges revoked and/or incur a charge of $25.00 per call. Evolve Media shall have sole authority to determine violations of this policy.
Please contact us if a question was not answered.