SRO Hosting Terms of Service
1.1 SRO Hosting customers agree to be subject to the definitions, terms and conditions outlined below. This contract only covers the provision of web and email hosting and the bandwidth allocated to the customer’s account. This agreement does not include maintenance of any of customer’s own software or other technical support unrelated to the above unless expressly defined below.
1.2 This agreement is non-transferrable without prior consent from SRO Hosting.
2. Definition of 'shared hosting'
2.1 Shared hosting is defined here as the use of limited space and bandwidth on a single web server to run a web site or related internet services. Hosting may include any or all of the following: http (web) server, ftp (file transfer), email, scripting (php, perl) and database services. Services other than these are not covered by this document.
2.2 SRO will provide a reasonable facility (location, network, server hardware) from which customer’s site will run. Customer site will have backbone access to the internet at at least 45 mbit/sec burst speed and will have bandwidth usage limits as determined by the package purchased. Exact location and hardware for customer site is at the discretion of SRO.
2.3 SRO provides only internet access to customer’s site. Customer understands that SRO Hosting is not an ISP and will not provide dial-up or other methods of access to the site.
2.4 As a hosting customer, you understand a certain level of proficiency with operating systems and internet software is required to upload and maintain web pages or configure web or email client software and it is not SRO Hosting’s responsibility to train or facilitate customer in the use of such software.
3. Term of agreement
3.1 Customer license to hosting services begins on the “Effective Date” of service, which is the date on a signed agreement between SRO and customer or the first day of the month following receipt of customer payment by SRO.
3.2 The term of agreement shall be for one month or year from the “Effective Date” depending on payment schedule (monthly or annual). This agreement shall be automatically renewed for the same period under the terms outlined herein, with payment of fees constituting customer’s agreement to renew.
3.3 This agreement may be terminated by either party with thirty days (30) advanced written notice. If customer decides to terminate this agreement without advanced notice, customer shall be responsible for 50% of the remaining balance due for the following month’s hosting.
4. Fees and recurring charges
4.1 Customer agrees to pay SRO Hosting the rates stated and agreed to for the level of service being provided. Non-recurring charges (setup fees) are due on the effective date of the agreement. Recurring charges will be invoiced monthly in advance beginning with month of the effective date of the agreement. Fees unpaid within 30 days of invoice date will be charged interest at the rate of two percent (2%) per month. Non-payment for over 30 days may also result in account suspension until such time as past-due fees are received.
4.2 Customer agrees to be liable for all taxes, fees or costs associated with doing business or installation of, improvement to or removal of customer’s own software.
5. Acceptable use
5.1 During the term of this agreement, customer agrees to comply with all local, state or federal laws related to use of internet services, operation of web sites or transaction of online business.
5.2 Customer agrees not to knowingly use SRO hosting services to provide or support any of the following: Spam (unsolicited email) or bulk mailing services, illegal pornography or obscenity as defined by US law, promotion of illegal activities, materials which exploit children, copyright infringement or pirated computer programs. Customer also agrees to take reasonable steps of security to ensure that such services are not made directly available through use or abuse of their site.
Materials in voilation of this agreement are subject to removal. Repeated storage, posting or facilitation of these items may be grounds for account termination.
5.3 Customer shall not knowingly run or cause to run any script or other software on SRO Hosting servers which might by its use cause harm or unusual load to the server adversely affecting other customers.
SRO Hosting reserves the right to disable or remove any such script or software without notice and may suspend the account in question until the issue is resolved.
5.4 SRO Hosting reserves the legal right to refuse service to anyone at any time at our own discretion.
6.1 SRO and customer acknowledge that they may each have, or in the term of this contract gain access to, certain information held in confidence by the other.
Each agrees to protect the confidentiality of such information to the same extent they would protect their own confidential information and not to use, nor disclose any such information to any third part except as required to satisfy a condition of this agreement or as required by law.
7. Data Retention
7.1 Customer understands that SRO hosting backups are provided for customer convenience and service continuity within the term of the hosting agreement only and that it is the responsibility of the customer to maintain backups of any and all customer data hosted on SRO servers.
7.2 Loss or corruption of data for any reason (including, but not limited to server failure, service termination, SRO or customer error) shall not be the responsibility of SRO Hosting and SRO is not obligated to provide customer any data upon termination of this agreement.
8.1 Both SRO Hosting and customer hereby wave all claims against the other for any injury or damage to property or person by any cause other than reason of negligence or willful act of the party.
8.2 Customer (of Shared Hosting) understands that other customers acess the same hardware and agrees that SRO Hosting shall have no liability for damages costs or losses caused by such other customers actions. Customer agrees to indemnify and hold harmless SRO Hosting and/or its agents for any damage to property or any losses incurred by any person if such injury or loss is caused in whole or part by the acts or omissions of customer or its agents.
8.3 SRO Hosting and customer both agree to indemnify and hold harmless the other for any liability which may arise from the information contained on either party’s sites. Any litigation in relation to content of information stored on either party’s sites will be the responsibility of the operator of the site the litigation concerns.
9. Force Majeure
9.1 Neither SRO Hosting nor the customer shall be held liable for delays or failure to perform any act required by this agreement, other than the payment of money, caused either directly or indirectly by weather conditions, labour disputes, accident, fire, act of God, epidemic, blockade, embargo, inability to obtain fuel, power, raw materials, labour, transportation, governmental laws or regulations, civil commotion, riots, crime, or any other events which are beyond the control of SRO Hosting or the customer.
10.1 This agreement shall be governed by the laws of the state of California.
10.2 SRO Hosting reserves the right to change portions of this agreement related to service levels and fees with 30 days advance notice to the customer.