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Hosting Agreement
Welcome to Jason Dupin’s web hosting services. This Hosting Agreement, as part of Jason Dupin’s Legal Agreement, governs your purchase and use, in any manner, of all web hosting services, (collectively, the "Services") as described on jasondupin.com, ordered by you and accepted by Jason Dupin, and describes the terms and conditions that apply to such purchase and use of the Services. For purposes of this Agreement, the Hosting Services include the E-Commerce Services. You must register and accept the terms of this Agreement in order to use the Services.
Use of Services
1. Term
Hosting shall be for an “Initial Term” of either (a) twelve (12) months, or (b) twenty-four (24) months if you register for Hosting Services. Hosting will be automatically renewed (the “Renewal Term”) at the end of the Initial Term for the same period as the Initial Term unless you provide Jason Dupin with notice of termination at least thirty (30) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable. You must provide Jason Dupin with your notice of termination according to the “Cancellation/Termination” section of the Billing policy. Upon canceling your service, you may be asked to provide Jason Dupin with additional customer identification information so that Jason Dupin may properly identify you and your account.
2. Termination Policy
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Jason Dupin shall not refund to you any fees paid in advance of such termination and (b) you shall be required to pay the lesser of three (3) times the standard monthly charge or 100% of Jason Dupin’s standard monthly charge for each month remaining in the term, unless otherwise expressly provided herein. Your termination request must be submitted to Jason Dupin according to the Cancellation Section of the Billing Policy.
Important Notice
In the event you need to cancel, please specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon completion, unless you notify us you would like to cancel your account.
3. Material and Product Requirements
Unless you have contracted Jason Dupin to create your web content and/or maintain it for you, you must ensure that all material and data placed on Jason Dupin’s equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Jason Dupin. Jason Dupin will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not "server-ready", Jason Dupin has the option at any time to reject this material. Jason Dupin will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Jason Dupin. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your web site. You must have the necessary knowledge to create and maintain a web site. It is not Jason Dupin’s responsibility to provide this knowledge or customer support outside of the Services agreed to by you and Jason Dupin.
4. Bandwidth, Storage, and Email Usage
You agree that use of the Services hereunder will not exceed the bandwidth, storage and email usage limits outlined for your plan. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed email storage and attachment size limitations, Jason Dupin may, in its sole discretion, assess you with additional charges, suspend the performance of the Service, or terminate this Agreement. In the event that Jason Dupin elects to take any corrective action, you will not be entitled to a refund of any unused pre-paid fees. Jason Dupin’s servers are not intended to be used for permanent storage of your emails. You are expected to download email onto your local computer via an email client, such as Microsoft Outlook, Mozilla Thunderbird or similar program. Webmail is provided as a convenience and should not be used as a primary email/calendaring system.
5. Domain Names
As part of the Services, you will provide Jason Dupin with a registered domain name(s) or Jason Dupin will register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any OpenSRS or other registration services’ policies, or any law or regulation. You agree to promptly reimburse Jason Dupin for any fees paid by Jason Dupin for registration services with respect to the registration and maintenance of such domain name(s). In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request Jason Dupin will attempt to register an alternative domain name chosen by you. You agree to be bound by the terms of Jason Dupin’s and OpenSRS’ then current domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of your domain name. The inability to use a domain name shall not entitle you to a refund by Jason Dupin of any fees paid with respect to the registration of such unusable domain name.
6. File Backup
Jason Dupin is not responsible for Client’s files residing on Jason Dupin’s servers. These files include, but are not limited to, all website files, email, calendars, contacts and database files. You are solely responsible for independent backup of data stored on our servers. There are multiple ways you are able to access and backup your data. If you need additional information on these options please contact us at hello@jasondupin.com. Jason Dupin performs regular backups on a daily basis for emergency purposes, but we cannot be held responsible for any lost data files, email or other.
7. Your License Grant to Jason Dupin
You hereby grant Jason Dupin a non-exclusive, worldwide, and royalty-free license for the Initial Term and the Renewal Term, if applicable, to edit, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer of, reproduce, create derivative works from, distribute, perform, display, and otherwise use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to Jason Dupin a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
Disclaimed Warranties
You acknowledge and agree that Jason Dupin exercises no control over, and accepts no responsibility for, the content of the information passing through Jason Dupin’s host computers, network switches and points of presence, or the Internet. ALL SERVICES PERFORMED HEREUNDER ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ZEE CREATIVE DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
Limitation and Exclusion of Liability
1. Limitations
IN NO EVENT SHALL JASON DUPIN OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER JASON DUPIN NOR ITS SUPPLIERS SHALL HAVE LIABILITY WITH RESPECT TO JASON DUPIN’S OBLIGATIONS UNDER THIS AGREEMENT, ANY ADDENDUM OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF JASON DUPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE FOREGOING LIMITATION OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE LIABILITY OF JASON DUPIN AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO JASON DUPIN BY YOU UNDER THIS AGREEMENT AND ANY ADDENDUM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY JASON DUPIN HEREUNDER HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE JASON DUPIN AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION A.
2. Interruption of Service
You hereby acknowledge and agree that Jason Dupin and its suppliers will not be liable for any temporary delay, outages, or interruptions of the Services. Further, Jason Dupin shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
3. Service Level Agreement (SLA)
1. 99.99% Uptime Guarantee
Jason Dupin’s network uses multiple, redundant, high-speed connections providing fast, reliable connectivity. We understand the importance of providing a reliable service and have developed the following level of service to ensure maximum performance and uptime. The Jason Dupin Service Level Agreement (SLA) provides for network quality and web site availability.
2. Coverage
These guidelines apply to Jason Dupin customers that have registered for either Hosting Services and who are in good financial standing with Jason Dupin.
3. Service Level
In a given month Zee Creative endeavors to have the content of customer’s web site available for http access by third parties 99.99% of the time ("Web Site Availability"), excluding the restrictions below. Downtime exists when third parties are unable to transmit and receive data and Zee Creative records such failure within its monitoring systems. Downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
4. Credits
In the event that there is not Web Site Availability, Jason Dupin will credit the following month’s service fee as follows.
For Shared Hosting services, such credit will be retroactive and will be as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed the monthly charge for the affected month. The monthly service charge is described as the monthly hosting fee only. Domain charges and additional service charges are not considered part of the monthly hosting fee and are not applicable to this SLA.
5. Customer Web Site Availability
6. Credit
7. 95% to 99.98%
8. 25% credit
9. 90% to 94.9%
10. 50% credit
11. 89.99 % or below
12. 100% credit
13.
For Dedicated services, if the Web Site Availability is between 89.9% and 99.98% for any particular month, the credit will be retroactive and equivalent to the difference between the guaranteed level of availability of the customer’s services, during the month and the calculated actual level of availability of the customer’s services, multiplied by the actual charges incurred by the customer for the services during that month. In addition, for Dedicated services, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to fifty percent (50%) of the monthly service charge for the affected month. The monthly service charge is described as the monthly hosting fee only. Domain charges and additional service charges are not considered part of the monthly hosting fee and are not applicable to this SLA.
14. Minutes of Continuous Downtime
15. Credit
16. 60 to 179 Minutes
17. 25% credit
18. 180 Minutes or More
19. 50% credit
20.
In order for a customer to receive a credit on their account, the customer must request such credit within seven (7) business days after customer experienced no Web Site Availability. Customers must request credit by sending an email to our billing department. For security, message must contain customer name, the dates and times of the unavailability of customer web site, and such other customer identification requested by Jason Dupin. Credits will usually be applied within sixty (60) days of customer credit request. Credit to customer account will be customer’s sole and exclusive remedy in the event that there is no Web Site Availability.
21. Restrictions
Credits will not be provided to a customer in the event that the customer has no Web Site Availability resulting from (i) scheduled maintenance as posted from time to time via email bulletins, direct mail and at jasondupin.com, (ii) customer behavior including acts or omissions of customer, or any use or user of the service authorized by customer, or the performance or failure of customer’s equipment, facilities or applications, or customer’s ISP or connection to the internet, or (iii) circumstances beyond Jason Dupin’s reasonable control,including, without limitation, acts of God, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability or interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of customer’s service.
Search Engine Optimization and Reporting Agreement
Welcome to Jason Dupin’s Search Engine Optimization and Reporting (SEO) services. This Search Engine Optimization and Reporting Agreement, as part of Jason Dupin’s Legal Agreement, governs your purchase and use, in any manner, of all Search Engine Optimization and Reporting services (the "Services") as described on jasondupin.com, ordered by you and accepted by Jason Dupin, and describes the terms and conditions that apply to such purchase and use of the Services. You must register and accept the terms of this Agreement in order to use the Services.
Use of Services
1. Term
This Agreement shall be for an “Initial Term” of six (6) months. This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term for the same period as the Initial Term unless you provide Jason Dupin with notice of termination at least thirty (30) days prior to the end of the Initial Term or Renewal Term, whichever is then applicable. You must provide Jason Dupin with your notice of termination according to the Cancellation section of the Billing Policy. Upon canceling your service, you may be asked to provide Jason Dupin with additional customer identification information so that Jason Dupin may properly identify you and your account. Any notice of termination will be effective on the date specified in the notice.
2. Termination Policy
If you terminate your receipt of the Services prior to the end of the Initial Term or the Renewal Term, whichever is then applicable, (a) Jason Dupin shall not refund to you any fees paid in advance of such termination and (b) you shall be required to pay the lesser of three (3) times the standard monthly charge or 100% of Jason Dupin’s standard monthly charge for each month remaining in the term, unless otherwise expressly provided herein. Your termination request must be submitted to Jason Dupin according to the Cancellation Section of the Billing Policy.
3. Content Development
1. Jason Dupin Obligations
Jason Dupin agrees to provide you with Search Engine Optimization and Reporting Services as described in this agreement. Jason Dupin is authorized to use the specific keywords and/or phrases agreed upon for development, improving the ranking of, and/or positioning the contents of your URL/website in the search engines and/or directories that are most frequently used by the general public which are defined below. SEO Services are intended to provide the client with preferential positioning in selected search engines and report results on an ongoing and timely basis. SEO Services include:
1. Research keywords and phrases to select appropriate, relevant search terms. Number of keywords is controlled by the package purchased. Additional keyword purchases will require additional fees or package upgrade.
2. Edit various html tags and page text as necessary prior to submission to selected search engines and directories.
3. Create as required, additional web pages for the purpose of "catching" keyword/phrase searches.
4. Hand-submit your pages to the engines and directories stated in this agreement.
5. Create positioning reports for main site and any associated pages showing rankings in the major search engines and under which keywords.
2. Your Obligations
For the purposes of providing these services, you agree to provide:
1. Give Jason Dupin FTP access to the main site for uploading new pages, and making changes for the purpose of optimization.
2. Authorize Jason Dupin use of all client logos, trademarks, Web site images, etc., for use in creating informational pages and any other uses as deemed necessary by Jason Dupin for search engine positioning and optimization according to your package.
3. If your site is light in textual content, you will provide additional relevant text content in electronic format for the purpose of creating additional web pages. You agree to provide content, for example an "article" on each of their keyword phrases.
3. Search Engine Listing
Selected search engines* include:
4.
• Google
• Yahoo
• MSN
• DMOZ
• Exact Seek
• Search.com
• Various smaller search engines
• Category and local search engines
*Top Major SE and SE names may change without notice
4. Limitation of Liability
You acknowledge the following with respect to services:
1. Jason Dupin has no control over the policies of search engines with respect to the type of sites and/or content that they accept now or in the future. Your site may be excluded from any directory at any time at the sole discretion of the search engine or directory. Jason Dupin will resubmit those pages that have been dropped from the index.
2. Due to the competitiveness of some keywords/phrases, ongoing changes in search engine ranking algorithms and other competitive factors, Jason Dupin does not guarantee #1 positions or consistent top 10 positions for any particular keyword, phrase or search term. However, if Jason Dupin fails to achieve 3 top 30 positions in the major search engines, Jason Dupin will start over "SEO" services with no cost to Client.
3. Some search engines and directories may take as long as 2 to 4 months, and in some cases longer, after submission to list your site.
4. Occasionally, search engines will stop accepting submissions for an indefinite period of time.
5. Occasionally, search engines will change their policies during or after submitting your site.
6. Occasionally, search engines will drop listings for no apparent or predictable reason. Often listing will "reappear" without any additional submissions. Should the listing not reappear, Jason Dupin will re-submit the site based on the current policies of the search engine in question.
7. Some search directories offer expedited listing services (P.P.C.) for a fee. Jason Dupin encourages clients to take advantage of these expedited services. The Client is responsible for expedited service fees, example Google, unless otherwise noted in the package purchased.
8. Jason Dupin is not responsible for changes made to the Web site by you or other parties that adversely affect the search engine rankings of your Web site. You will be billed accordingly if we are required to reconstruct the tags, keywords, pages, etc.
