This Web Site Hosting Service Agreement ("Agreement") is by and between Outerworlds.com, Inc. ("Outerworlds"), a Texas Corporation, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Outerworlds Web Site Hosting ("Web Hosting") services and represents the entire agreement between You and Outerworlds. By using Outerworlds Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Outerworlds may establish from time to time.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Outerworlds, whether or not the transactions were in Your behalf. You acknowledge that Outerworlds acceptance of any application made by You for services provided by Outerworlds will take place at Outerworlds offices located in Dallas, Texas, USA.
As consideration for the services purchased by You and provided to You by Outerworlds, You agree to pay Outerworlds a yearly fee. Your yearly billing date will be determined based on the day of the month You establish Your Web Hosting relationship with Outerworlds unless that date falls after the 28th of the month in which case Your billing date will be the 28th of that month. Payment is to be made by You providing either a valid credit card, Money Order, or using "PayPal". All payments are to be made in U.S. dollars for the full amount required at that time. Personal checks are not accepted. Payments are
In the event that You exceed the scope of the Services as set forth in Your Agreement (for example, available bandwidth, CPU or disk utilization space), You shall pay Outerworlds for such additional services not within the scope of Your Agreement as specified. Outerworlds reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over E-mail but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change your Payment Method at any time by contacting firstname.lastname@example.org.
The term of this Agreement shall commence on the date You purchase the Web Hosting services, and will continue in full force and effect as long as Outerworlds is providing Web Hosting services to You.
You agree that You will be responsible for notifying Outerworlds should you desire to terminate Your use of Outerworlds Web Hosting services. Notification of Your intent to terminate must be provided to Outerworlds no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date. In the absence of notification from You, Outerworlds will automatically continue Web Hosting services indefinitely and will charge the credit card You have on file with Outerworlds, at Outerworlds then current rates. It is Your responsibility to keep your Payment Method information current, including the expiration date of any credit cards you have on file. In the event You terminate, moving your web site off of the Outerworlds hosting servers is Your responsibility. Outerworlds will not transfer or FTP Your web site to another provider. Outerworlds reserves the right, in its sole discretion and without notice, at any time and for any reason, to suspend Your access to or use of the Server, services or any portion thereof. In the event Your Web Hosting service is terminated, Outerworlds will not transfer or manage Your Web Hosting or Your web site content.
You agree that Outerworlds may modify this Agreement from time to time. Outerworlds may also discontinue services it provides under this Agreement. You agree to be bound by any changes Outerworlds may reasonably make to this Agreement when such changes become effective.
Outerworlds currently provides Web Hosting services to its customers for an annual fee. Outerworlds will host Your web site on Outerworlds Web Hosting servers, provided, however, You abide by the terms and conditions set forth herein and in each of Outerworlds policies and procedures.
License of Your Web Site Content
Outerworlds grants to You, and You accept from Outerworlds, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your web site content in connection with Outerworlds performance or enforcement of this Agreement.
Availability of Services
Subject to the terms and conditions of this Agreement, Outerworlds shall attempt to provide Web Hosting for twenty-four (24) hours a day, seven (7) days a week throughout the term of this
Web Site Content
You shall be solely responsible for providing, updating, uploading and maintaining Your web site and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, E-mail or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Web Hosting services.
Shared SSL Certificates
Any SSL certificate You purchase from Outerworlds or its affiliates to use in conjunction with a shared hosting plan provided by Outerworlds, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the hosting server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by Outerworlds, Outerworlds will generate and securely store a corresponding private key.
For security reasons, at no time will Outerworlds release Your private key, even if You request it. If You wish to export Your SSL certificate for use on a non Outerworlds hosting server, You will need to make a request to Outerworlds no earlier than 30 days after Your initial SSL subscription began. After Your hosting account with Outerworlds has been canceled, You will have thirty (30) days to follow the Thawte and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.
You agree that You have provided accurate, current and complete information in the application process and that You will notify Outerworlds within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Outerworlds to determine the validity of information provided by You, will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Outerworlds has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Outerworlds has the absolute right, in its sole discretion, to terminate its Web Hosting services and close Your account.
You represent and warrant to Outerworlds that: (i) You have the power and authority to enter into and perform Your obligations under this Agreement; (ii) Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) You own Your web site content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. You also warrant that the web site being hosted by Outerworlds will not be used in connection with any illegal activity.
If You are hosting Your web site on Outerworlds servers, You are responsible for ensuring that there is no excessive overloading on Outerworlds DNS or servers. You may not use Outerworlds servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Outerworlds reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. Outerworlds prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Outerworlds. You agree that Outerworlds reserves the right to remove Your web site temporarily or permanently from its hosting servers if Outerworlds is the recipient of activities that threaten the stability of its network.
You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial E-mail; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; or (viii) engage in any other activity deemed by Outerworlds to be in conflict with the spirit or intent of this Agreement or any Outerworlds policy.
Storage and Security
At all times, You shall bear full risk of loss and damage to your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account
Outerworlds explicitly reserves the right and sole discretion to: (i) Censor any web site hosted on its Web Hosting servers that, in Outerworlds sole discretion, is deemed inappropriate; (ii) Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; (iii) Modify its pricing through E-mail notification; (iv) Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; nonpayment of Web Hosting fees; and other activities whether lawful or unlawful that Outerworlds determines to be harmful to its other customers, operations, or reputation; (v) Terminate Your Web Hosting service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against Outerworlds or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without
No Spam; Liquidated Damages
Outerworlds will immediately terminate any Web Hosting service which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk E-mail. In addition, if actual damages cannot be reasonably calculated then you agree to pay Outerworlds liquidated damages of $1 for each piece of spam or unsolicited bulk E-mail transmitted from or otherwise connected with your web site hosted with us, otherwise you agree to pay Outerworlds actual damages.
This agreement shall be deemed entered into the State of Texas. The laws and judicial decisions of Dallas County, Texas, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Dallas County, Texas.
You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.
You agree that all notices (except for notices concerning breach of this Agreement) from
Notices from You to Outerworlds.com, Inc. shall be made either by E-mail, facsimile, or mailed to the address we provide on our Web site, or first class mail to our address below. They shall be deemed to be delivered when received by Outerworlds.com, Inc. through first class mail the date they are received, or when sent by facsimile.
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