Our Service Agreement
No Nonsense Hosting is a Nolan Interactive brand.
This agreement is between Customer, and Nolan Interactive, LLC, a corporation organized and existing under the laws of the state of New Jersey referred to herein as Host. Customer and Host are sometimes referred to collectively in this Agreement as the “Parties.”
Whereas, Customer desires to engage Host for the purpose of storing Customer's site on the World Wide Web (the "Web Site") and making it available for browsing on the Internet;
Now, therefore, to carry out these purposes, the Parties will agree to the following:
The term Browser refers to a program used to provide interactive, graphical access to sites on the World Wide Web.
The term Internet refers to the global network of computers using the TCP/IP protocol for communication.
The term Web refers to the World Wide Web. The Web is a graphical interface used to access sites on the Internet.
D. Web Site.
The term Web Site refers to a series of interconnected Hypertext Markup Language documents capable of residing on a single host server computer.
E. Account (or “account”).
The term Account refers to the combination of services provided to Customer by Host under this agreement.
II. Hosting Services
Host will provide the following services to Customer (the Hosting Services):
Storage of the Web Site and any data files associated with the Web Site. Additional disk space is available at the rate of $1.00 per One GB each month.
Monthly bandwidth (data transfer). Additional bandwidth utilized will be billed monthly at the rate of $1.00 per One GB.
C. Email Accounts.
Email (POP3 or IMAP) accounts. Additional e-mail accounts may be purchased for $5.00 per month, per account.
D. Availability of Web Site.
The Web Site will be available to Internet users approximately 24 hours a day, normal maintenance except unforeseen hardware or communications problems. To minimize server downtime during peak usage periods, Host will schedule routine maintenance generally between the hours of 4:00 a.m. and 6:00 a.m. or during off-peak hours.
Maintenance may include software or hardware updates, infrastructure upgrades, transferring Web Site and Email accounts between devices on Host's platform, and any other activities deemed necessary by Host. Host is not required to give prior notice, written or otherwise, of scheduled or unplanned maintenance activities. But will attempt to notify Customer by email or posting a notice on it's own Web Site approximately 24 hours before such activities commence.
F. Log Information.
Customer will have access to Web Site usage statistics and raw log files in real time via the Web.
Host will backup the Web Site and all data files associated with it at least once each day and will store the backup materials in a safe secure location, and not at the same location as Host's server.
H. Customer Modifications of Web Site.
Host will provide Customer with a password protected File Transfer Protocol (FTP) account for the purpose of updating the Web Site and transferring data from and to the Host's server. Customer may modify or change the content of the Web Site using its FTP account as frequently as it desires without charge.
I. Internet Connection.
Host, or Host's data center, will maintain at least two redundant T3 connections to the Internet on diverse backbones.
The price for the Hosting Services will be between $10 and $50 per month (the Total Price). Host will provide technical support free of charge for most typical cases. The cost of Hosting Services and technical support will not increase for a period of one year from the date of this Agreement. Host will invoice Customer for Hosting Services and any qualifying technical support on a monthly basis. Invoices will be paid within 15 days of receipt. Customer will receive a written reminder (by email) 7 days prior to the payment due date.
B. Suspension for Non-Payment.
If payment is not received within 30 days of receipt Host may suspend Customer's account for non-payment. Customer will receive a written warning within 7 days prior to suspension. Customer will receive a written notice of suspension within 3 days from the date the account was suspended. Host will unsuspended Customers account within 24 hours of receipt of payment.
C. Account Termination for Non-Payment.
If however, Host has is not in receipt of payment within 15 days from the date of suspension, Host may terminate Customer's account without prejudice. Customer shall receive a written notice of termination within 3 days. Upon termination Host is not obligated to provide Customer access to the Web Site, or any Backup thereof.
IV. Customer Warranties
Customer represents and warrants to Host that:
A. Customer owns or has the right to use all material contained in the Web Site, including all text, graphics, sound, video, programming, scripts, and applets; and
B. The use, reproduction, distribution, and transmission of the Web Site, or any information or materials contained in it, on and from Host's server computer does not:
- Infringe or misappropriate any copyright, patent, trademark, trade secret, or any other proprietary rights of a third party;
- Violate any criminal laws;
- Constitute false advertising, unfair competition, defamation, and an invasion of privacy, violate a right of publicity, or violate any other law or regulation.
- Utilize Email Accounts to send spam, bulk ("mass") emails, mailing list or other transactional messages.
Violation of any Customer Warranties can lead to account suspension or termination.
V. Limitations of Warranties and Liability
Except as expressly set forth in this Agreement, Host disclaims any and all express warranties, warranties of fitness for a particular purpose and implied warranties of merchantability. Host will not be liable for any loss of business or profits, or for any consequential, incidental, punitive, or similar damages, or, other than as set forth in this agreement, for claims of damages made by any third party for any cause whatsoever, regardless of the form of action, whether in contract or in tort, including negligence, even if it has been advised of the possibility of such damages. Each party acknowledges that this limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this agreement. In no event will Host's liability exceed the total price as defined in this Agreement.
VI. Right to Monitor and Remove Unacceptable Sites
Host has the right, but not the duty, to review and monitor all content submitted for or included on the Web Site, and in its sole discretion to remove any content that Host finds objectionable for any reason without prior notice to Customer.
Customer is solely responsible for any liability arising out of or related to the Web Site. Customer agrees to indemnify and hold Host harmless from and against any and all liabilities, losses, damages, costs, and expenses, including reasonable attorney fees and experts' fees, associated with any claim or action brought against Host related to or arising out of the Web Site or Customer's breach of its warranties under this Agreement. This indemnification agreement will survive termination of this Agreement.
VIII. Term of Agreement
This Agreement will take effect on the Effective Date and remain in effect for a period of twelve months.
Either Party may terminate this Agreement upon 30 days written notice.
This Agreement may not be assigned by either Party or by operation of law to any other person, firm, or entity without the express written approval of the other Party.
This Agreement may be amended at any time and from time to time, but any amendment must be in writing and signed by each Party.
XII. Causes beyond Reasonable Control.
Either Party will be excused from delays in performing or from failing to perform its obligations under this Agreement to the extent the delays or failures result from causes beyond the reasonable control of the Party. However, to be excused from delay or failure to perform, the Party must act diligently to remedy the cause of the delay or failure.
XIII. Undefined Terms.
Terms that are not specifically defined in this Agreement are used as set forth in the Uniform Commercial Code of the State of New Jersey.
XIV. Joint Drafting and Neutral Construction.
This Agreement is a negotiated document and shall be deemed to have been drafted jointly by the Parties, and no rule of construction or interpretation shall apply against any particular Party based on a contention that the Agreement was drafted by one of the Parties. This Agreement shall be construed and interpreted in a neutral manner.
XV. Validity of Agreement.
If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.
XVI. Entire Agreement.
This Agreement, including all Exhibits, Appendices, and Attachments, contains the entire agreement of the Parties relating to the rights granted and obligations assumed in this Agreement. Any oral representations or modifications concerning this instrument shall be of no force or effect unless contained in a subsequent written modification signed by the Party to be charged.
XVII. Venue and Applicable Law.
This Agreement shall be governed, construed and interpreted in accordance with the laws of the State of New Jersey (without respect to principles of conflicts of law), and the Parties submit to jurisdiction of and venue in the State of New Jersey in any legal proceeding necessary to interpret or enforce this Agreement or any part of this Agreement.
XVIII. Mandatory Arbitration.
Any dispute under this Agreement will require resolution by binding arbitration of the parties hereto. If the Parties cannot agree on an arbitrator, each Party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
Unauthorized duplication or publication of any materials from this Site is expressly prohibited.