Terms and Conditions
All terms and conditions which are represented in the document below apply to all Hinman Associates web hosting customers. By using our services, you hereby agree to be bound by all terms and conditions herein. Please do not hesitate to contact us should you have any questions regarding any of the terms.
Web Hosting Service Agreement
1. Parties. This agreement is between Hinman Associates (HINMAN) and the customer using and benefiting from Hinman Associates Web Hosting and related services (CUSTOMER). By continuing to use Hinman Associates for web hosting and other related services, CUSTOMER acknowledges that he/she has read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules and acceptable use policies that are or may be published by Hinman Associates. By accepting the services of HINMAN, CUSTOMER is bound by all terms and conditions of this Agreement and any pertinent rules and acceptable use policies that are or may be published by Hinman Associates.
2. Term. Except if the CUSTOMER has pre-paid any services with either 12 month or 24 month advance payment, otherwise the duration of this contract agreement is for one calendar month from the commencing date. The commencing date starts upon payment of the current invoice. The contract agreement will be automatically renewed on the anniversary unless either party to the contract agreement shall cancel within 72 hours notice either by email or postal service prior to the anniversary date.
3. Space usage. HINMAN reserves the right to review every account, which uses more than a reasonable amount of space, as defined exclusively by HINMAN, and to notify such account and/or apply excessive space fees. Failure to make timely payment for an applied excessive space fee to HINMAN may limit access to and/or terminate the account of the CUSTOMER. CUSTOMER agrees to inform HINMAN in advance if he believes he is going to require and/or use excessive space.
4. Bandwidth usage. HINMAN terms included bandwidth as meaning HINMAN does restrict the amount of total bandwidth used by the CUSTOMER. All Hinman Associates hosting plans DO NOT INCLUDE UNLIMITED BANDWIDTH ALLOWANCE AND ARE NOT TO BE CONSIDERED AS UNLIMITED BANDWIDTH PLANS. CUSTOMER may pre-purchase additional resources (heavy traffic fee) to satisfy expected heavy traffic use in advance. CUSTOMER understands and fully agrees HINMAN can expire the account and terminate hosting service for violation of the Web Hosting Service Agreement. Advance notification by HINMAN is waived by CUSTOMER. CUSTOMER agrees exceeding monthly bandwidth allowance is a violation of the Web Hosting Service Agreement. Reasonable additional fees for collection may be added to recover any overdue or unpaid fees or monies owed to HINMAN.
5. Excluded services. Our company policy requires sites must be viewable by a worldwide audience of all ages. HINMAN will not provide services and will immediately TERMINATE specific domain web site hosting services of the CUSTOMER without any compensation or refund if CUSTOMER’S web site(s) or web sites operated by a customer of the CUSTOMER includes any of the following hereby defined as Excluded Services Type A: adult material or sexual content, child pornography, gambling, illegal material, hate material, anti government material, warez sites, casino sites. In addition, HINMAN will not provide services and will immediately TERMINATE specific domain web site hosting services of the CUSTOMER without any compensation or refund if CLIENT web site(s) or web sites operated by a customer of the CUSTOMER includes any of the following hereby defined as Excluded Services Type B: web search sites, search engine sites, domain registration sites, free e-mail sites, paid e-mail sites, e-mail storage sites, file storage sites, game sites, role playing games sites. A web site closure service fee of US$54.95 will be applicable and immediately payable by CUSTOMER for each specific instance where an “Excluded Service Type A”, “Excluded Service Type B” is discovered by or reported to HINMAN in order to keep the CUSTOMER account in good standing. Support/facility service fees known as technical fees will be added and charged where applicable. Failure of CUSTOMER to make timely payment of the web site closure service fee and applicable technical fee as requested will place the CUSTOMER account in bad standing and HINMAN will notify the CUSTOMER by electronic mail of HINMAN intent to suspend or terminate ALL existing services without any compensation or refund to CUSTOMER. HINMAN may share information about any violation to the Web Hosting Service Agreement with other service providers and clients for their own purposes.
6. Hidden directories or files. HINMAN will not provide services and can immediately terminate existing services without any compensation or refund if a CUSTOMER web site contains created invisible or hidden directories within their parent directory for the purpose of concealing and providing excluded or any hosted services. HINMAN’s sole discretion will prevail in such cases.
7. Fees and Copyright. All fees are payable in US Dollars. CUSTOMER agrees to pay for their hosting services, heavy traffic/bandwidth fee (if any) and excessive space fee (if any). Unless otherwise agreed in writing, ALL FEES PAID FOR PROGRAMMING AND / OR SETUP ARE PAID FOR THE PREPARATIONS AND PROVISIONING MADE BY HINMAN SO THAT CUSTOMER MAY USE THE SERVICES ONLY, AND IN NO WAY TRANSFERS TO CUSTOMER ANY OWNERSHIP OR RIGHTS TO CODE WHATSOEVER. HINMAN retains all copyright privileges and all ownership rights of all code created to provide services to CUSTOMER. Further, any monies paid allow only for the use of services on HINMAN’s servers while the CUSTOMER’s account is in good standing. At no time is CUSTOMER authorized to use any code or services provided by HINMAN on any server other than HINMAN’s. CUSTOMER may provide payment to HINMAN by credit card, check, cash or prepaid certified payment. HINMAN will notify CUSTOMER if any heavy traffic fee and/or excessive space fee are due. Failure of CUSTOMER to make timely payment of any applicable fees due as requested will result in cancellation of account. HINMAN will charge $25 for all returned checks. A service charge of $10.00 or 5% of the total outstanding balance due, whichever is greater, will be assessed on late payments. CUSTOMER is liable for any and all attorney fees, court costs, and collection agency fees or commissions if HINMAN has to resort to these methods in order to collect debts owed to HINMAN. CUSTOMER agrees to pay HINMAN its reasonable expenses, including attorney fees, incurred in enforcing its rights under this Agreement.
8. Account sharing. HINMAN agrees account sharing is allowed. CUSTOMER may share web space using either a subdomain or virtual domain including individual FTP site, username and password and each is counted as one domain in the hosting plan. Excluded Sharing: CUSTOMER may not subdivide an individual domain site into multiple shared web sites. Each web site requires their own subdomain or virtual domain including individual FTP site, username and password. A web site closure service fee of US$54.95 will be applicable and immediately payable by CUSTOMER for each specific instance where “Excluded Sharing” is discovered by or reported to HINMAN in order to keep the CUSTOMER account in good standing. Failure of CUSTOMER to make timely payment of the web site closure service fee as requested will place the CUSTOMER account in bad standing and HINMAN will notify the CUSTOMER with 24 hours advance notice by electronic mail of HINMAN intent to terminate ALL existing services without any compensation or refund to CUSTOMER.
9. Price change. HINMAN has the right to change the price of any and all services as deemed necessary by HINMAN. In case of price change, HINMAN will post a 15 day advance notice on the web site of HINMAN. HINMAN may make separate price changes applicable to an individual CUSTOMER for unique service or other changes.
10. Service change. HINMAN has the right to change facilities where hosting service originates from. This change may reflect a change in the cost of the service. In case of price change, HINMAN will post a minimum 15 day advance notice on the web site of HINMAN.
11. Domain name registration. CUSTOMER will list themselves as Billing and Administrative contact in their domain application. HINMAN should be listed as the Technical contact for the domain. HINMAN has no other responsibilities in regard to the domain name registration process. CUSTOMER agrees to pay all fees related to the registration and support of this domain name directly to HINMAN, and all registrar fees, directly to the registrar. CUSTOMER understands that non-payment of said fees may result in non-visibility of his web site. HINMAN does NOT charge a separate fee to the CUSTOMER for information assistance with domain registration.
12. Domain name fees. CUSTOMER agrees to pay all fees related to the registration and support of this domain name directly to HINMAN.
13. Quality of Services. HINMAN or agent’s of HINMAN or any other entities engaged in a business alliance with HINMAN will make their best efforts to provide quality and uninterrupted services, although this is NOT guaranteed. HINMAN will NOT be responsible for any damages a service interruption may cause to the CUSTOMER. Further, HINMAN will not censor any content on INTERNET. It will be CUSTOMER’S responsibility for the usage of their account and any consequences of their use. CUSTOMER acknowledges and agrees that upon monthly payment of the current invoice, HINMAN has fully performed, and as such, CUSTOMER fully and unconditionally accepts such performance from HINMAN.
14. Non Payment. CUSTOMER agrees to provide updated credit card information on-line as may be requested in case his/her card is declined. CUSTOMER understands that non-payment can result in an automatic “hold” and/or “deletion” of his/her web hosting account. “Hold” is hereby defined as a period the web site may not be accessible. “Deletion” is hereby defined as the removal of all CUSTOMER’S stored files and data from the servers. The account may be “reactivated” after owed payment in full is received, however, the CUSTOMER may be required to re-upload all web data and web site files to their “reactivated” web hosting account if deleted. The CUSTOMER agrees to at all times maintain a full backup copy of all web data and web site files at a separate location other than HINMAN’s servers. Backing up important CUSTOMER files and data and uploading such to the servers is the responsibility of the CUSTOMER.
15. Late Payment. CUSTOMER agrees a penalty may be required for a declined credit card payment in order to continue as a client. Failure to stay in good standing may result in the cancellation of your account. An annual payment may then be required to continue as a web hosting client.
16. Fees are Non Refundable. All fees paid to HINMAN are Non-Refundable. Fees paid to a Registration authority for registration are also not refundable.
17. Account Cancellation. CUSTOMER understands and fully agrees HINMAN can expire the subscription account and terminate hosting services for violation of the Web Hosting Service Agreement. Advance notification by HINMAN is waived by CUSTOMER. CUSTOMER may submit a cancellation notification at anytime to HINMAN.
18. Lawful use of Service. CUSTOMER agrees to use the service in accordance with the laws of the United States and with the ethical rules established or to be set up in the future by HINMAN and/or other governing agencies. CLIENT agrees that HINMAN’s sole discretion will prevail in all cases that CUSTOMER violates issues of server, network and internet security and HINMAN reserves the right to terminate or discontinue current or further services to CUSTOMER. HINMAN reserves the right of refusal to do business with any person, business or entity, before, during or after an account has been established.
19. LIMITED LIABILITY. HINMAN or AGENTS of HINMANS or similar entities shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this agreement or the services, including but not limited to damages for lost profits, loss of use, loss of opportunity, cancellation of subscription and/or account, lost data, phone bills, communication lines bills, loss of privacy, damages to third party even if HINMAN or others have been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise. Further, HINMAN will not censor any content on the INTERNET. It will be CUSTOMER’S responsibility for the usage of his/her account and any consequences of this usage are the CUSTOMER’S responsibility. CUSTOMER understands and agrees that all Excluded Services noted in this Agreement are not permitted and are grounds for immediate closure of site. CUSTOMER agrees that in no event shall the maximum liability of HINMAN under this Agreement for any matter exceed One Hundred US Dollars (US$100).
20. Keep harmless. CUSTOMER agrees to keep and hold HINMAN harmless if CUSTOMER’S actions or non-actions on the INTERNET create any legal responsibilities.
21. Waiver. Performance of any obligation required of a party thereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
22. Security and Integrity of Information. Although HINMAN implements current technology for information protection there is no guarantee that any information on the Internet is absolutely secure or never may be destroyed. CUSTOMER agrees to hold HINMAN harmless in case of loss of information and/or loss of privacy regardless of reason or cause. HINMAN does not rent or sell our CUSTOMER listings. To further enhance client and system security, whenever violations of server security are reported or detected including unauthorized server intrusions, modification or addition or deletion of authorized users, the account and subsequent billings will be expired and associated web site(s) closed.
23. Entire Agreement. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
24. Modification. This Agreement may be modified, amended, canceled or altered, and it may be modified by custom and usage of trade or course of dealing. Both of the parties hereto agree to such modification by HINMAN.
25. Severability. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed severable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms.
26. Governing Law. The laws of the State of California and of the United States of America govern this agreement.
27. Authority to Execute. Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn’t assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
28. Benefit of Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.
29. Cumulative Remedies. Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.
30. No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that HINMAN and CUSTOMER and/or other parties are all independent contractors.
31. Gender. Where the context so requires, the masculine gender shall include the feminine or neuter, and the singular shall include the plural and the plural the singular.
32. Alliances. It is understood HINMAN may enter into contracted or non contracted business relationships or strategic alliances with other provider’s of services or technical services from time to time. HINMAN may act as a broker or value added reseller of services to the CUSTOMER. The CUSTOMER acknowledges acceptance of such alliances with their purchase of web hosting services from HINMAN.
33. No Third Party Beneficiaries. Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.
34. Excused Performances. HINMAN shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, equipment changes or system updates, fuel, energy shortages or blackouts, labor or software or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond HINMAN’s reasonable control. In the event of any such delay or failure, performance of the Services shall be deferred to a date and time mutually agreeable by all of the parties.
35. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
36. Captions. The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
37. Recitals. The recitals above set forth are incorporated herein by reference.