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1. Introduction
This Service Agreement (“Agreement”) governs the relationship of Mybdhost.com (the “Service Provider”), its systems and resources (the “Service”), and any entity that is explicitly granted use of the Service (the “Subscriber”).
2. Acceptance and Assignment
The Subscriber shall indicate acceptance of this Agreement in the course of submitting an order to the Service Provider through the Service Provider’s electronic order form or by accessing the Service. The Service Provider shall indicate acceptance of this Agreement by sending confirmation of the order to the Subscriber by electronic mail. The Subscriber may not assign rights or delegate duties assumed by acceptance of this Agreement without the prior written consent of the Service Provider, and any attempted assignment or delegation without such consent shall be void.
3. Services
The Service Provider shall provide access to the Services paid for/ by the Subscriber expressly for the use of the Subscriber, to include maintenance of the underlying hardware and network infrastructure necessary to connect the Service to the Internet and a password to support authentication during the use of the Service. The Subscriber shall not obtain any right or title in any equipment or software belonging to the Service Provider or any third parties whose equipment the Service Provider may utilise to provide the Service. During the term of this Agreement, and conditioned upon full payment of fees, the Service Provider grants to the Subscriber a non-exclusive, non-transferable license to access and use the Service solely in accordance with this Agreement and the guidelines set forth in the Acceptable Use Policy.
4. Invoicing, Payments and Refunds
4.1 Invoicing
The Service Provider shall send an invoice to the Subscriber by electronic mail for any applicable fees related to administration, setup, upgrades, and use of the Service. Administrative, setup, and upgrade fees shall be due at the time that they are assessed. All recurring service fees shall be due in advance of the billing period incurred and any applicable overage charges relating to use of the Service shall be due at the end of the billing period in which such charges are incurred.
4.2 Payment Forms
The Subscriber agrees to pay all fees invoiced by the Service Provider via credit card Money-bookers or PayPal transaction. The Service Provider may, at its sole discretion, accept alternate forms of payment.
4.3 Payments
Where the Subscriber has elected to automatically transact payments made to the Service Provider, the invoice sent to the Subscriber by electronic mail shall also service as the Subscriber’s receipt of payment. Where the Subscriber has not elected to automatically transact payments made to the Service Provider or in the event that an automatically-transacted payment should fail, the Subscriber shall promptly pay any invoiced charges to the Service Provider prior to the invoice due date. Refund is provided only for shared hosting packages if services are surrendered or cancelled within 30 days. After 30 days no refund will be provided under any circumstances. We reserve right to deny refund to any client if we do not find the reason satisfactory. A Processing fee of 5$ will be charged.
For Dedicated and VPS Server no refund is provided under any circumstances.
5. Term and Termination
This agreement shall remain in effect until notice of termination is provided by the Subscriber or Service Provider. This Agreement and the Subscriber’s access to the Service shall terminate as follows: The Subscriber may terminate at the end of the present billing cycle The Service Provider may terminate with thirty (30) days prior notice The Service Provider may terminate with fifteen (15) days prior to the notice the Subscriber should the Subscriber fail to correct any breach of this Agreement The Service Provider may immediately and without prior notice terminate upon determining, at its sole discretion, that the Subscriber is in violation of the Acceptable Use Policy. About Torrents, we don’t allow public torrents on our Servers. Sections 1, 2, 3, 5, 6, 7, 8, 9, and 10 shall survive any termination of this Agreement.
5.1 Termination at End of Billing Cycle
The Subscriber may provide notice to the Service Provider by submitting a cancellation request via an electronic form.
5.2 Termination with 30 Day Notice
The Service Provider may provide notice by electronic mail.
5.3 Termination with 15 Day Notice
Should the Subscriber breach any provision of this Agreement; the Service Provider shall provide notice by electronic mail.
5.4 Termination upon Acceptable Use Policy Breach
The Service Provider shall provide notice by electronic mail.
6. Force Majeure
Either party shall be excused from any delay or failure in performance under this Agreement which is caused by reason of any occurrence or contingency beyond its reasonable control, including without limitation: acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
7. Indemnification
The Subscriber shall indemnify and hold the Service Provider harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect, and consequential), attorney’s fees and expenses that the Service Provider may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement (including reasonable attorney’s fees) and for any act or omission of the Subscriber or customers of the Subscriber which are in any way related to the Service. While the Service Provider makes reasonable efforts to maintain the Service, many factors are not within the Service Provider’s control. Therefore, the Service Provider does not warrant, and is not responsible for (even if caused by negligence of the Service Provider) any loss of data, delays, non-delivery or miss-delivery of information, lack of access, slow response time, interruptions of the Service, or errors of the Service. Loss, delay or non-delivery of data can be due to but not limited to the Service Provider’s own negligence, viruses, or other third parties. The Subscriber’s data is defined as any data held by the Service Provider and includes account information, web hosting data, email, and domain name services. This disclaimer and waiver shall apply equally to any and all third party providers. The Service Provider makes no warranty to the Subscriber regarding the accuracy of usage statistics, which the Service Provider may provide at its discretion. Further, no advice or information given by any representative of the Service Provider shall create a warranty or serve as an amendment to this agreement.
8. Miscellaneous
Any rights not expressly granted herein are reserved. Any failure of the Service Provider to assert any rights it may have under this Agreement does not constitute a waiver of the Service Provider’s right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision. The Service Provider may sub-contract any work, obligations or other performance required of the Service Provider under this Agreement without consent of the Subscriber. No part of this Agreement or in the understanding of the parties confers upon the parties the status of a partnership or joint venture. This Agreement shall be governed by the laws of the state of Washington, without giving effect to applicable conflict of law’s provisions. The federal and state courts located in Seattle, Washington, USA alone have jurisdiction over all disputes arising out of or related to this Agreement and the Service. The Subscriber consents to the personal jurisdiction of such courts sitting in Washington with respect to such matters or otherwise between the Subscriber and Service Provider, and waive rights to removal or consent to removal. In the event any litigation or other proceeding is brought by either party in connection with this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to recover from the other party all costs, attorneys’ fees and other expenses incurred by such prevailing party in such litigation. The titles in this Agreement are provided only for convenience and are not to be used in interpreting the Agreement. The Service Provider reserves the right to change this Agreement upon notification sent by electronic mail to all active Subscribers.