SERVICE DESCRIPTION
As a internet service provider, OEM Host Inc. /Definedmedia.comprovides internet web hosting and associated services and maintains dedicated server computers, other equipment and software which is integrated with the internet. These servers send and receive data and information in relationship to the internet. Customers wish to utilize the hardware and software resources of OEM Host Inc. /Definedmedia.com to establish an internet web presence using OEM Host's web hosting services and network.
CONDITIONS
The Customer's application and this Agreement constitute a legal and binding contract between OEM Host Inc. /Definedmedia.com and the Customer and does not extend to any other person or entity.
WARRANTIES
With respect to the services to be provided herein, the Customer acknowledges that OEM Host Inc. /Definedmedia.com makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that OEM Host Inc. /Definedmedia.comshall not be liable to the Customer for any claims, damages, or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of, or in relation to, the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
INFORMATION
The utilization of any data or information received by the Customer from the utilization of the service to be provided by OEM Host Inc. /Definedmedia.com is at the Customer's sole and absolute risk. OEM Host Inc. /Definedmedia.com specifically disclaims and denies any responsibility for the completeness, accuracy, or quality of information obtained through the services to be provided hereby.
DOMAIN NAME
If the customer acquires a domain name through OEM Host, then in such case the Customer hereby waives any and all claims for any reason which it may have against OEM Host, for any loss, damage, claim, or expense arising out of, or in relation to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of OEM Host's service to Customer. Customer retains 100% ownership of the domain name at all times. If subscriber cancels hosting services you are entitled to move the domain name at any time. Subscriber must email domains@oemhost.com to request that the name be moved to another set of name servers.
Payment Of Domain Names-
Customer agrees to pay OEM host domain registration fee each year for domain names. Customer agrees to pay OEM Host Inc. /Definedmedia.com for domain registrations services 30 days before the domain registration expiration date. Should customer fail to renew domain registration, OEM Host Inc. /Definedmedia.comreserves the right to cancel domain registration of said name. OEM Host will not allow the transfer of domain names unless domain name is paid in full.
PAYMENT
Payment is due according to the selected fee schedule following the establishment of the hosting service on the internet. Web space and services will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the 5th day of each month as per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, OEM Host Inc. /Definedmedia.com shall be entitled to suspend the Customer's service without notice until payment is made. A US$30.00 service fee will apply to all bounced checks. A US$20.00 service fee will apply to all credit card charge backs.
The customer will continue to be billed 1 month in advance up until the customer cancels their hosting account by filling out our Account Cancellation form. OEM Host Inc. /Definedmedia.com will not deactivate a web hosting account without a completed cancellation form. The customer is liable for all services rendered and billed up until the time that the account is cancelled. Hosting charges are not pro-rated when an account is cancelled. As long as the cancellation form is completed prior to the first of the next month, the customer will not be billed beyond the current month. Please refer to our Account Cancellation form for additional information related to domain or account deactivation.
RESTRICTIVE USE
The Customer may only use OEM Host's services for lawful purposes. In the event that at any given time, OEM Host Inc. /Definedmedia.com believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, OEM Host Inc. /Definedmedia.com has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice or refund to the Customer:
Attempting without authorization to enter into a secured computer system. Malicious hacking, cracking or otherwise altering of a site owned and operated by another person. OEM Host Inc. /Definedmedia.com reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.
UNILATERAL SERVICE REVOCATION
In the event that OEM Host Inc. /Definedmedia.com 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, OEM Host Inc. /Definedmedia.commay immediately discontinue such service to the Customer without liability. This will include failure to pay, illegal activities and/or unsolicited email.
INDEMNIFICATION
The Customer shall indemnify and hold harmless OEM Host Inc. /Definedmedia.comfrom any and all loss, cost, expense, and damage on account of any and all manner of claims, demands, actions, suits, proceedings, judgments, costs and expenses that may be initiated against OEM Host Inc. /Definedmedia.comand OEM Host's officers, directors, and employees for any service provided to Customer by OEM Host Inc. /Definedmedia.comto include web space content that violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.
CHANGES IN TERMS OF AGREEMENT
OEM Host Inc. /Definedmedia.com reserves the right to make changes to the terms and conditions of this Agreement at any time to include service pricing, 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).
ENTIRE AGREEMENT AND UNDERSTANDING
This document and services constitute the entire Agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
RELATIONSHIP
The parties here to are independent entities and nothing contained in this Agreement shall be construed to constitute Customer an agent, employee, partner, independent contractor, joint venture, or any other similar entity.
GOVERNING LAW
This Agreement shall be governed by the laws of the State of Florida in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Hillsborough County, Florida. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
SEVERABILITY
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
CONFIDENTIALITY
Customer acknowledges that any information not generally known by, or disclosed to the public, to include but not be limited to computer programs, source code, algorithms and inventions are the property of OEM Host Inc. /Definedmedia.com and may not be utilized or released without the express written permission of OEM Host.
INTERPRETATION
The format, words and phrases used herein shall have the meaning generally understood in the telecommunications/software/internet industries. This Agreement shall be construed in accordance with its fair meaning and not against the drafting party.
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. By placing an order telephonically, in writing and/or electronically.