Hosting Services
BlackHills.com Hosting Contract
1. SERVICE DESCRIPTION
As an Internet World Wide Web service provider, BlackHills.com provides a dedicated server computer that is integrated into the Internet. This server computer will send and receive information as related to the World Wide Web. Customer wishes to connect to and utilize the hardware and software facilities of BlackHills.com to establish an Internet Website.
2. SERVICE USAGE
A. User Parameters: The agreement hereby is intended to cover one Website or one client company only, and is for the sole use of the customer specifically named above and does not extend to any other person or entity. Customer may resell to third parties but is responsible for the content and is bound by the terms under this contract.
B. Legal Parameters: This service may only be utilized only for lawful purposes, and the usage of the service in connection with or adjunct to any matter or thing which violates any municipal, state or federal statute or regulation is prohibited. Customer agrees to indemnify and hold harmless BlackHills.com from and against any and all claims, actions, causes of actions, losses or damages (including legal fees) arising from the usage by Customer of the service in violation of this paragraph.
C. Unilateral Service Revocation: In the event that BlackHills.com may at any time believe that the service is being utilized by the Customer in contravention with the terms and provisions of Sections A or B above, BlackHills.com may immediately discontinue such service to Customer without liability other than the refund of unearned prepaid service fees.
3. NO WARRANTIES
With respect to the service to be provided hereunder, Customer acknowledges that BlackHills.com makes absolutely no warranties whatsoever, express or implied. As a result, Customer agrees that BlackHills.com shall not be liable to Customer for any claims or damages which may be suffered by Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions caused by the fault or negligence of BlackHills.com.
4. USE OF INFORMATION
The utilization of any data or information received by Customer from the utilization of the service to be provided by BlackHills.com is at Customer's sole and absolute risk. BlackHills.com 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 BlackHills.com 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 BlackHills.com, 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 BlackHills.com for any reason.
6. SERVICE FEES AND INVOICING:
Invoicing for website will be billed monthly or yearly at customers request. In the event that Customer shall fail to pay for such services for a 3 month period or annually, then BlackHills.com shall be entitled to unilaterally terminate this agreement, in which case the provisions of paragraphs 2, 3, 4 and 5 shall continue in full force and effect, and/or, at its sole discretion, BlackHills.com may discontinue or suspend service to Customer until payment is made. Any service disconnection or suspension shall require a $49 re-connect fee. Initial service and set-up fees are as follows:
BlackHills.com does not currently charge on a "Disk usage" model.
BlackHills.com does not currently charge on a "Site Usage" model.
We reserve the right to change to this type of hosting charges model if your situation warrants shuch change.
Customer understands that renewal will occur automatically at the end of this period under the same terms, unless BlackHills.com receives express written notification of cancellation 7 days in advance of the renewal date, and that Customer is responsible for any and all fees assessed due to Customer's failure to notify BlackHills.com of cancellation.
All support inquiries are to be initiated via email to: support@blackhills.net. BlackHills.com will make a diligent effort to resolve any problem related to BlackHills.com hardware or supporting software immediately.
7. CHANGES IN TERMS OF AGREEMENT
BlackHills.com reserves the right to make changes the terms and conditions of this
agreement at any time, so please make sure you periodically check www.blackhills.com/hosting.html to view any changes. Changes in monthly service fees will be effective only at the end of any calendar quarter for which Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by Customer of such change(s).
8. ENTIRE AGREEMENT AND SEVERABILITY
This instrument constitutes the entire agreement between the parties, and represents the
complete and entire understanding of the parties with respect to the subject matter of this
agreement. This instrument supersedes any other agreement or understanding between the parties, whether written or oral. 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.
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.