Host Your Site: Hosting and Hosting-Related Services

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WEBSITE HOSTING AGREEMENT

SAMPLE

(actual agreement will be filled in
with your information by our staff)

THIS AGREEMENT is made and entered in the Month of ___________, in the Year of 2011, between Enchanted Websites, located at 9734 State Hwy 281 PMB 5034, Kelseyville, CA 95451-9636, hereinafter referred to as Enchanted Websites, and __________________, located at __________________________________________,
(company) (address)

hereinafter referred to as the Customer, who is engaging the services of Enchanted Websites in accordance with this agreement and with the "estimate of services and costs" provided by Enchanted Websites to the Customer, to accompany this agreement.

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:

WHEREAS: Enchanted Websites has been commissioned and hired by the Customer to provide Web Hosting for the Customer's existing or soon to be existing Website:

1. SERVICE DESCRIPTION: As a World Wide Web hosting service, Enchanted Websites provides access to server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources accessed by Enchanted Websites to establish an Internet web presence on one of the server computers accessed by Enchanted Websites.

2. CONDITIONS: This Agreement constitutes a binding contract between Enchanted Websites and the Customer and does not extend to any other person or entity. Customer may sell products to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellation after this agreement is signed and the associated web space is set up will still hold the Customer responsible for any costs incurred by Enchanted Websites on behalf of the Customer in fulfillment of this agreement.

3. WARRANTIES: With respect to the service to be provided herein, the Customer acknowledges that Enchanted Websites makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Enchanted Websites shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, service interruptions, or difficulties associated with the "Y2K problem".

4. INFORMATION: The utilization of any data or information received by the Customer from the utilization of the service to be provided by Enchanted Websites is at the Customer's sole and absolute risk. Enchanted Websites specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

5. DOMAIN NAME: If Enchanted Websites shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Enchanted Websites, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Enchanted Websites for any reason.

6. WEB SPACE ACQUISITION: Once both parties have signed this agreement, Enchanted Websites is responsible for obtaining and setting up the web space for hosting the Customer's website within thirty (30) days, aided, when so desired by the Customer, by the Customer's cooperation in determining an appropriate Internet Domain Name.

7. WEBSITE HOSTING COSTS: The base fee associated with hosting is $25 per month. Most basic websites are under 5MB in size. The basic monthly cost of website hosting includes up to 15MB of storage space and up to 700MB of data transfer per month. Enchanted Websites will charge $1.00 per month for each additional MB beyond 15MB, used by the Customer's Website.

8. HOSTING OPTIONS: One email alias of the Customer's choosing is included with the basic hosting service. Should the Customer choose any additional services, the Customer agrees to pay the current rate for these services, as listed in the associated fee table. Enchanted Websites reserves the right to change these fees as it deems appropriate, and it will provide the Customer with 30 days written notice of any such change.

a. FTP ACCESS: If the Customer has FTP access to the web space being hosted for the Customer's website, the Customer may add to, delete from, or modify any of the files associated with the Customer's website, subject to the costs indicated in Section (7) of this Agreement. The Customer may not add to, delete from, or modify any files other than those specifically associated with the Customer's website. The Customer is solely responsible for the consequences of any modifications made to the Customer's website by the Customer via FTP access. The Customer is strictly prohibited from passing on the information that permits FTP access to the Customer's website to any other party, without the express permission of Enchanted Websites. Enchanted Websites is not obliged to rectify any problems created by FTP access to the Customer's website, either via the Customer or via any other party.

b. CGI SCRIPTS: At the Customer's request, Enchanted Websites will create a cgi-bin directory for storing executable cgi scripts that are part of the Customer's website.

c. PASSWORD-PROTECTED DIRECTORIES: At the Customer's request, Enchanted Websites will create a password-protected directory for the set-up fee listed in the fees table.

d. EMAIL ALIASES: If the Customer's website is associated with its own domain name, at the Customer's request, Enchanted Websites will create up to 30 email virtual addresses of the form name@domain.com (for the set-up fee listed in the fees table), which automatically forward mail to an actual email account specified by the Customer.

e. POP EMAIL ACCOUNTS: The Customer can obtain a pop email account of the form, yourname@enchantedwebsites.com . Mail can be sent by others to this account, and the Customer can set their mail program so that the "from" address is this account (or an email alias of their choosing, such as info@yourcompany.com, if yourcompany.com is hosted on Enchanted Websites' server -- see EMAIL ALIASES above). The Customer agrees to pay the mothly charge for such an account, as listed in the fees table. The Customer agrees to read their email regularly, so that the space used by their email will generally not exceed the 8MB allotted for it, and will never exceed the 40MB maximum size allowed. Enchanted Websites reserves the right to edit or even delete the Customer's email file in extraordinary situations that include (but are not restricted to) (a) the Customer is not able to read one or more messages in their file (e.g., because of some very large attachment), and such actions are necessary to "unclog" the Customer's mail file; or (b) the size of the email has exceeded the maximum limit of 40MB, and the Customer has not done anything to nring the size below the maximum, despite repeated warnings from Enchanted Websites.

f. SITE TRAFFIC TRACKING: At the Customer's request, Enchanted Websites will provide the Customer with a simple means for tracking certain statistics about the visitors to the Customer's website. In turn, the Customer agrees to manage the tracking log files that will otherwise accumulate, and understands that these log files are included as part of the overall space allocation for the Customer, and the Customer is billed accordingly.

9. ISP CHARGES: The Customer understands the distinction between website hosting and ISPs (Internet Service Providers), and understands and realizes that the services covered by this agreement do not include providing a connection to the Internet. The Customer must obtain their own Internet connection.

10. PAYMENT AND BILLING: Payments are due in advance every 3 months, following the establishment of the web space on the Internet. The set-up fee and first payment are due once this agreement has been signed and the web address for the website has been determined. The Customer will be pre-billed by Enchanted Websites for web space a minimum of three (3) months in advance depending on the selected fee schedule. Subsequent payments are due on the 1st day of each month as per the selected fee schedule. In the event that the Customer fails to pay for such services in advance, Enchanted Websites shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made.

All invoices must be paid within thirty days(30) of invoice date. If an account remains delinquent 31 days after its invoice date, an additional 5% penalty will be added for each month of the delinquency. Also The Customer is responsible for paying $30 to Enchanted Websites for each bounced check, in addition to the amount due. Enchanted Websites reserves the right to remove or make unattainable any webpage or Website or portion of the work, of a delinquent account until full payment is received. (A setup fee of $45.00 would apply for returning the Customer's Website, as well as the current registration fee charged by the Internic for re-registration, if the Customer had an Internet Domain Name.) Final payment of the balance shall be made within 30 days of submission of the final invoice date (If no other conditions apply, such as payment plans or long term agreements) as hereinabove set forth and Enchanted Websites shall be entitled to reasonable legal fees in the event the services of an attorney or collection agency are necessary for collection. Checks, Money Orders, and Wire Transfers must be made out to Enchanted Websites. Bank account and routing information are available upon request. Credit cards are not accepted as a means for payment. All fees are in U.S. dollars.

11. UNILATERAL SERVICE REVOCATION: In the event that Enchanted Websites may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, to but not limited to unsolicited email, hacking, and pornography. Enchanted Websites may immediately discontinue such service to the Customer without liability.

12. INDEMNIFICATION: The Customer shall indemnify and hold harmless Enchanted Websites from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against Enchanted Websites on the grounds that the website content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

13. CHANGES IN TERMS OF AGREEMENT: Enchanted Websites reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).

14. TERMINATION OF AGREEMENT: The Customer reserves the right to terminate this agreement of Website Hosting upon thirty (30) days notice to Enchanted Websites. Enchanted Websites will terminate the Hosting of the Customer's website thirty (30) days after receipt of notice of cancellation. Enchanted Websites is not responsible for locating a new Host, or locating a new Hosting Service for the Customer's Website, or transferring the Customer's Website to a new Host, should the Customer still wish to Host the Website.

15. ENTIRE AGREEMENT AND UNDERSTANDING: This agreement constitutes the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.

16. UNDERSTANDING OF AGREEMENT AND TERMS: The Customer understands and agrees with these terms that are listed. The Customer, by hiring Enchanted Websites and going into this agreement, acknowledges that he/she has read this agreement and will be bound to the terms of it. The Customer acknowledges that Enchanted Websites has the right to make this agreement, and to terminate it if the terms hereasabove are broken by the Customer.

17. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California in the United States of America. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.

18. MEDIATION AND ARBITRATION: The parties to this Agreement, the Customer and Enchanted Websites, desire to resolve any disputes among them in good faith, and in the most expeditious and economical manner. Therefore, should any difference of opinion arise between the parties of this agreement which cannot be resolved in the normal course of business with respect to the interpretation of this agreement, or the performance of the respective obligations of the parties under this agreement, one of the parties claiming that a dispute has arisen, must give written notice to the other party to the dispute specifying the nature of the dispute. On receipt of said notice, the parties to the dispute must within seven (7) days of receipt of said notice seek to resolve the dispute.

If the dispute is not resolved within seven (7) days or within such further period as the parties agree, then the parties agree first to try in good faith to settle the dispute by mediation. Mediation involves each side of a dispute sitting down with an impartial person, the mediator, to attempt to reach a voluntary settlement. Mediation involves no formal court procedures or rules of evidence, and the mediator does not have the power to render a binding decision or force an agreement on the parties. If the parties cannot agree among themselves as to the person who shall serve as their meditator as to the site of the mediation, these matters shall be resolved by the San Francisco office of the American Arbitration Association in its sole discretion. The parties agree to participate in at least four hours of mediation, before turning to arbitration for resolution of the dispute. The parties agree to share equally in the costs of the mediation.

In the event that the dispute has not been settled within twenty-eight (28) days or such other period as agreed to in writing between the parties hereto after the appointment of the mediator the dispute shall be finally resolved by binding arbitration conducted by a single arbitrator. The arbitrator shall not be the same person as the mediator. If the parties cannot agree among themselves as to the person who shall serve as their arbitrator or as to the site of the arbitration, these matters shall be resolved by the San Francisco office of the American Arbitration Association in its sole discretion. All arbitration under this section shall be governed by the Rules of Commercial Arbitration of the American Arbitration Association. The format of any decision reached via arbitration shall be a simple written award. ("The arbitrator awards $____ to the following party: _______.") All costs of arbitration shall be divided equally between the parties, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof and the parties hereby agree to waive all rights to Appeal of said Arbitration and any decision rendered thereunder. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator's award, or fails to comply with arbitrator's award, the other party is entitled of costs of suit including a reasonable attorney's fee for having to compel arbitration or defend or enforce the award.

19. HEADINGS: Headings used in this Agreement are for convenience only and shall not be used to interpret or construe its provisions.

IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.

___________________ Witness	_________ Date	__________________________________________ Christopher Tong, President, Enchanted Websites
___________________ Witness	_________ Date	__________________________________________

COPY B -- Customer's copy

www.host-your-site.com
info@host-your-site.com

9734 State Hwy 281 PMB 5034
Kelseyville, CA 95451-9636
phone: (707) 277-0173
fax: (707) 277-0179