HitNet Shared Hosting Policy
Revised: September 21, 2007
ORDER ACCEPTANCE, PAYMENT
A. All orders are subject to acceptance by HitNet at its office in Naperville, Illinois. An order will be deemed accepted by HitNet when Client uses HitNet Services.
B. Payment and Terms: Payment shall be made to HitNet into the account designated by HitNet, or as may otherwise be agreed in writing by the parties. Payments are due upon invoice. If due to bank charges, transfer fees, or the like, HitNet should receive less than its invoice amount, HitNet will re-invoice Customer for the shortfall. Should payment in full of any invoice (aside from such shortfalls) not be received by HitNet within ten (10) days after activation or renewal, HitNet may impose a debt service charge amounting to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction there of the overdue amount remains unpaid. In the event that any amount remains unpaid fifteen (15) days after presentation of invoice, HitNet may withhold or suspend services, and may terminate at will.
A. All prices for services provided by HitNet to Customer are in US dollars.
B. Customer shall be responsible for paying all taxes of any nature which become due with regard to HitNet services, except for taxes on HitNet income, irrespective of which party may be responsible for reporting or collecting such taxes.
SERVICES TO BE PROVIDED BY HITNET
A. During the term of this agreement, HitNet will provide services to Customer according to the Plan(s) accepted by Customer. "Plan" means one of HitNet's proposals for offering various services, as listed on line at http://www.hitnet.com/. The specific Plan(s) for services to be provided to Customer shall be established by correspondence between HitNet and Customer. Such Plan(s) shall be deemed incorporated by reference into this agreement. HitNet and Customer shall retain copies of such Plan(s) for future reference. On-line changes made by HitNet to any Plan shall not change the terms of the Plan(s) accepted by Customer, unless such changes do not adversely affect the services provided to Customer under the prior Plan(s).
B. At Customer's request, HitNet will acquire an Internet Second-Level Domain Name ("SLD"), from the US InterNIC or successor registrar only, on behalf of Customer. Such a request by Customer and/or Customer's acceptance or use of the SLD obtained by HitNet shall in all cases constitute Customer's waiver of any and all claims which it may have, or which may later arise, against HitNet for any loss, damage, claim or expense arising out of, or related to, the acquisition, registration, and/or use of such SLD. Any costs of HitNet in obtaining or maintaining a domain name for Customer or its customers shall be immediately reimbursed to HitNet upon invoice from HitNet to Customer.
RULES AND REGULATIONS
From time to time HitNet may impose reasonable rules and regulations regarding the use of its services. Such rules and regulations are currently called Acceptable Use Policies (AUPs) and are posted on the Internet at http://www.hitnet.com/. Such AUPs are incorporated by reference into this agreement.
LIMITED 30-DAY MONEY-BACK GUARANTEE; DISCLAIMERS OF WARRANTY; LIMITATIONS ON HITNET's OBLIGATIONS AND LIABILITIES
A. HitNet offers a 30-day money-back guarantee on each Plan. If Customer is not completely satisfied with the Plan within the first 30 days, Customer may cancel this agreement by notifying HitNet in writing. In such case Customer will receive a full refund of any amounts paid pursuant to this agreement, less any setup fees. Setup fees will be refunded only if (1) Customer cancels this agreement prior to account activation, or (2) the domain name requested by Customer is not available from InterNIC.
B. After the initial 30-day period, services provided by HitNet to Customer shall be deemed accepted for all purposes 30 days after the provision of such services, if no written claim or objection regarding such services has been received by HitNet within the 30-day period. No claim related to such accepted services may be raised at a later date.
C. HitNet's liability to Customer hereunder is limited to the amount paid to and received by HitNet for services not accepted. HitNet is proud of its record in providing state-of-the-art, reliable services, and will use its best efforts to maintain performance at the high level to which its customers have become accustomed, but HITNET MAKES ABSOLUTELY NO WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. HITNET CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA STORED OR TRANSMITED VIA ITS SYSTEM. NEITHER HITNET NOR ANYONE ELSE INVOLVED IN PROVIDING SERVICES PURSUANT TO THIS AGREEMENT WILL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CLAIMS OR DAMAGES OF ANY KIND (DIRECT, CONSEQUENTIAL, SPECIAL, OR ANY OTHER) THAT ARISE OUT OF THE USE OR INABILITY TO USE SUCH SERVICES, whether or not resulting from fault or negligence on HitNet's part, even if HitNet has been advised as to the possibility of such damages. Some jurisdictions may prohibit certain disclaimers, so the above disclaimers may not apply. Customer's local jurisdiction's laws will apply only to the extent they override this agreement.
D. Customer will take all necessary measures to preclude HitNet from being made a party to any lawsuit or claim regarding HitNet services provided to Customer. Customer hereby agrees to indemnify and hold harmless HitNet from any and all such lawsuits or claims.
HitNet owns all right, title and interest in and to HitNet's trade names, service marks, inventions, copyrights, trade secrets, patents, and know-how relating to the design, function, or operation of Plans and of the hardware and software systems and resources necessary to provide the individual service elements of which they consist. This agreement does not constitute a license to Customer to use HitNet's trade names or service marks. Any such license must be the subject of a separate written agreement.
A. HitNet will not sell, and will not knowingly disclose, its customer lists or customer email or listserv address lists (although it cannot guarantee that such information will never be found out). HitNet will cooperate with those attempting to minimize net abuse, and reserves the right to institute "filters" or other mechanisms as part of its efforts to reduce net abuse.
B. HitNet will not monitor or disclose Customer's private email messages unless required to do so by court order or law, but HitNet will cooperate with law enforcement authorities and will notify such authorities if it suspects that Customer is engaged in illegal activities.
Customer acknowledges that by reason of its relationship with HitNet hereunder, it may have access to certain information and materials relating to HitNet's business plans, customers, software technology, and marketing strategies that is confidential and of substantial value to HitNet, which value would be impaired if such information were disclosed to third parties. Customer agrees that it will not use in any way for its own account nor for the account of any third party, nor disclose to any third party, any such information revealed to it by HitNet. Customer further agrees that it will take every reasonable precaution to protect the confidentiality of such information. In the event of termination of this agreement, Customer shall not disclose any such confidential information in its possession, and shall return all confidential materials to HitNet or destroy them, at HitNet's option. The provisions of this section shall survive the termination of this agreement. Upon any breach or threatened breach of this section, HitNet shall be entitled to injunctive relief.
RELATIONSHIP OF THE PARTIES; NATURE OF AGREEMENT
The relationship between HitNet and Customer is that of vendor and vendee. The parties shall not be construed as being joint ventures, franchiser/franchisee, or employer/employee. Even if Customer is an individual, this agreement is a commercial agreement entered into for business purposes, not a consumer agreement. Customer has no authority, apparent or otherwise, to contract for or on behalf of HitNet, or in any other way legally bind HitNet in any fashion, nor shall Customer be authorized to make any representations about HitNet or its services other than to set forth the contents of this agreement, of any Plan(s) contracted for, and of any rules and regulations promulgated by HitNet from time to time.
The parties shall attempt to resolve all disputes arising out of this agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices, and other than the injunctive relief referred to in paragraph 8) shall be subject to binding arbitration upon written demand of either party. Arbitration shall take place in Wheaton, Illinois, or at another location if the parties so agree. The arbitration shall take place before an arbitration panel chosen as follows: The parties shall each choose an arbitrator, and the two arbitrators shall choose a third arbitrator and determine the third arbitrator's compensation. Each party shall have one veto over the choice of the third arbitrator. The three arbitrators shall schedule an informal proceeding, hear the arguments, and decide the matter by secret majority vote. Unless the arbitrators decide otherwise, each party shall pay the costs of its own arbitrator, and shall pay half of the other costs of the arbitration proceeding. Each party shall have the right to have the proceedings transcribed. The arbitrators shall not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue or reveal a dissenting opinion. Regarding each issue submitted to arbitration, the decision shall be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction thereof. Should any legal action permissible under this agreement be instituted to enforce the terms and conditions of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.
A. Initial term. Unless otherwise terminated as set forth herein, this agreement shall be effective for the term stated in the initial order.
B. Automatic renewal. This agreement shall be renewed automatically for subsequent terms of the same length unless, at least twenty (20) days prior to the next renewal date, one party gives notice of non-renewal to the other. If, prior to the renewal date, HitNet tenders to Customer a copy of HitNet's then-current Customer Agreement with notice that renewal is conditioned on Customer's agreement thereto, any renewal by customer will be deemed to be an acceptance of the terms contained in such subsequent Customer Agreement, rather than a renewal pursuant to the terms contained herein. Upon automatic renewal of this Agreement, the Plan(s) accepted by Customer shall be deemed to be the then-current Plan(s) most closely resembling Customer's prior accepted Plan(s), provided that such subsequent Plan(s) shall be at least as favorable to Customer as any priorPlan(s).
C. Termination. This agreement may be terminated in any of the following ways:
1. By HitNet,
(a) Upon ten (10) days' written notice to Customer, if in the sole judgment of HitNet, Customer breaches any material and substantial provision of this agreement and has not caused correction by the end of the 10 days.
(b) Immediately upon written notice to Customer, in the event that
1. Customer, in the sole judgment of HitNet, violates the AUPs, in which case HitNet may either terminate this agreement, or suspend it pending discussions with Customer.
2. Any bank draft or check delivered by Customer to HitNet in payment for Products is returned unpaid and Customer fails to remedy such nonpayment within five business days;
3. Customer becomes more than ten (10) days in arrears in payment of its account with HitNet;
4. There are instituted bankruptcy or insolvency proceedings against Customer, which are not vacated within sixty (60) days from the date of filing;
5. Customer institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency;
6. Customer makes an assignment of all or part of its assets for the benefit of creditors;
7. Customer assigns or attempts to assign all or any part of this Agreement without HitNet's prior written approval; or
8. Customer fails to inform HitNet in writing immediately on the happening of any event specified in this section;
2. By Customer,
(a) Immediately upon giving written notice to HitNet, if
1. There are instituted bankruptcy or insolvency proceedings against HitNet, which are not vacated within sixty (60) days from the date of filing;
2. HitNet institutes voluntary bankruptcy or insolvency proceedings, or otherwise admits insolvency;
3. HitNet makes an assignment of all or part of its assets for the benefit of creditors; or
4. HitNet fails to inform Customer in writing immediately on the happening of any event specified in this section.
Customer will be responsible for paying the costs of enforcing any unpaid obligations to HitNet, including reasonable attorney fees.
Customer's rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of HitNet, which consent shall not be unreasonably refused. HitNet's rights and obligations under this agreement may be transferred and assigned only if such transfer or assignment does not adversely affect the services provided to Customer hereunder.
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. HitNet and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed ubstitute provision.
APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by HitNet in Illinois. It is to be governed by and construed under the laws of the State of Illinois and the United States of America. The federal and state courts of the State of Illinois shall have exclusive jurisdiction to adjudicate any non-arbitrable dispute arising out of this agreement. Customer hereby expressly consents to (1) the jurisdiction of the courts of Illinois and (2) service of process being effective upon it by registered mail sent to the address set forth at the beginning of this document, as may be changed from time to time by written notice actually received by HitNet. Unless prohibited by the law of Customer's jurisdiction, Customer waives any requirement that service of process or of any documents be made upon it pursuant to the provisions of the Hague Convention.
Except with respect to service of process as set forth in paragraph 14, all notices may be sent by email, fax, or express mail to the email address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained.
ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between the parties and merges all prior discussion between them. HitNet may make changes to this agreement upon ten (10) days' written notice to Customer, advising of the change and the effective date thereof. Utilization of HitNet services by Customer and/or its Customers following the effective date of such change shall constitute acceptance by Customer of such change(s).Otherwise, this agreement may not be modified except by the of written consent of both parties.
These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Use of HitNet, Inc. constitutes acceptance of these Terms and Conditions.
The undersigned agrees to the terms of this agreement on behalf of his or her organization or business.
Requests for cancellations can be sent via email , by phone at (630) 585-8661, by fax (630) 585-8669, or through the postal service.