This Hosting Agreement governs your purchase and use, in any manner, of all Web site design and hosting, ordered by you and accepted by Aquatania Limited and describes the terms and conditions that apply to such purchase and use of the services. You agree to be bound by the terms and conditions herein. Aquatania Limited reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing and future customers.
Aquatania Limited may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the services following Aquatania Limited’ posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. Payment. As consideration for Aquatania Limited providing the Hosting Services hereunder, Customer agrees to pay Aquatania Limited the aggregate monthly fee based on the monthly hosting services and the payment terms selected. This fee may also be paid on an annual basis, but must be done so prior to services being provided.
2. Provision of Services. Aquatania Limited will provide Customer with website hosting and optionally website design. Customer understands and agrees that Aquatania Limited will host and create web site contents solely in accordance with the information provided by Customer. Customer agrees that upon signing this document any legal responsibilities in relation to the site contents, lie solely with Customer, and not with Aquatania Limited.
3. Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Aquatania Limited. “Third-Party Materials” means any content, software, or other computer programming material that is owned by an entity other than Aquatania Limited, and licensed by Aquatania Limited or generally available to the public, including Customer, under published licensing terms, and that Aquatania Limited will use to display or run or create a web site. If a customer stops paying the monthly or annual fee for the web site hosting upon cancellation the customer must ensure that they have made provisions elsewhere to host the site should they wish to keep it functional. Aquatania reserve the right to disable access to Customer’s site, should any hosting invoice become overdue. After 7 days of an overdue invoice, Aquatania Limited reserves the right to remove the website from their servers, along with any other hosted services such as email and databases.
4. Limited License to the Background Technology. “Background Technology” means computer programming/formatting code or operating instructions developed by or for Aquatania Limited and used to host or operate the web site or a web server in connection with a web site.
Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven.
Background technology does not include any Customer content. Customer may not duplicate or distribute any background technology to any third party without the prior written consent of Aquatania Limited. All rights to the background technology not expressly granted to customer hereunder are retained by Aquatania Limited. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the background technology, except as allowed by law.
5. Limited License to Content. Customer hereby grants to Aquatania Limited the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit web site, any customer content, or any customer marks provided to Aquatania Limited hereunder, solely for the purpose of rendering Aquatania Limited’ services under this agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this agreement for any reason.
6. Content Standards. Customer agrees not to provide any content, that (a) infringes on any third party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens’ rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. Aquatania Limited reserves the right to refuse any other subject matter it deems inappropriate.
7. Support. Aquatania Limited agrees to provide technical support by an online fault logging system in the event of a system failure. Urgent problems will be dealt with in a timely fashion. Support does not include making changes to the website or the additional or removal of existing systems or services. Support does not include supporting the customer in maintenance tasks such as updating the website, accepting payments, ensuring compatibility with server side upgrades, or general administration.
8. Aquatania will conduct communications using email, telephone, social media and other means. Any communication between Aquatania Limited, it’s staff and customers may be retained for future reference either electronically or by transcription.
9. Term and Termination. (a) This Agreement is effective as of the effective date and shall continue unless terminated; (b) Aquatania Limited may terminate this Agreement without notice if Customer materially breaches this agreement, including, without limitation, failure to pay, and fails to cure such breach during within a five (5) day period; and (c) upon the termination of this agreement, Customer will pay Aquatania Limited for all Services provided to Customer by Aquatania Limited prior to termination.
10. Warranty Disclaimer. Except as expressly provided in this agreement, the services are provided “as is,” and Aquatania Limited expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.
Interruption of Service: You hereby acknowledge and agree that Aquatania Limited will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a statement, all hosting provided by Aquatania Limited to a Customer will be deemed accepted when delivered.
11. Domain Name. In cases where the customer had initially registered the domain name, it remains solely the responsibility of the customer to ensure that renewal of the domain takes place as and when required. In the event that the domain was registered by Aquatania Limited, a renewal notice will be sent to the customer prior to expiry advising the customer of domain renewal cost.
12. Indemnity. (a) Customer Indemnity. Customer will defend Aquatania Limited against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained within the website. Customer shall indemnify Aquatania Limited for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Aquatania Limited as a result of any such third-party claim, action, suit, or proceeding.
13. Customer is responsible for ensuring that any images or content of their site is not in breach of any copyright law. This includes content provided by Customer, Aquatania Limited, or any third party provider. Aquatania Limited cannot be held responsible in any way for breach of Copyright, and Customer hereby accepts all responsibility to ensure that their website is fully compliant.
14. The Customer understands that upon approval of the website design service, the ongoing hosting service does not include any form of update, modification, deletion or changes in any form to the content. It is purely the customer’s sole responsibility to maintain their website, backup and update its content. Any work which is carried out by Aquatania Limited is done so on a chargeable basis
15. Limitation of Liability. AQUATANIA LIMITED’S LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO AQUATANIA LIMITED DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. AQUATANIA LIMITED SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF AQUATANIA LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND ABSENT SUCH LIMITATIONS, AQUATANIA LIMITED WOULD NOT ENTER INTO THIS AGREEMENT.
16. Non Payment. On occasions where payment is not made on time, notification will be sent to the customer requesting that payment is made. Where invoices are not cleared, Aquatania reserve the right to cease all services provided to the customer, including website hosting.