Terms. Subject to the terms and conditions of this Agreement, Anchor Hosting will provide Web Hosting services for Client subject to the following terms:
Length of Service. Client agrees to an initial twelve (12) month contractual term of service (“Term”). The length of contract required is based on the type of service desired by Client and shall be determined solely by Anchor Hosting.
Service Start Date. The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Anchor Hosting receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
Renewal by Client. This Agreement will automatically renew for successive twelve (12) month Terms unless canceled in writing by Client at least 1 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
End User Pricing and Web Hosting Compensation. End User pricing and Web Hosting Compensation is outlined on anchor.host/plans/, and is subject to change at the sole discretion of Anchor Hosting.
Terms of Payment. Terms of payment are C.O.D. unless credit approval has been granted by Anchor Hosting. If credit approval has been granted, credit terms are net 15 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
Proprietary Information. Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Anchor Hosting program, code or technology delivered to Client or any portion thereof.
Censorship. Anchor Hosting will exercise no control whatsoever over the content of the information passing through the network, email or web site.
Warranties. Anchor Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Anchor Hosting also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Anchor Hosting is at Client’s own risk, and Anchor Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Anchor Hosting does not represent guarantees of speed or availability of end-to-end connections. Anchor Hosting expressly limits its damages to Client for any non-accessibility time or other downtime to the pro-rata monthly charge during the system unavailability. Anchor Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Trademarks and Copyrighted Material. Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Transfer of Agreement. Client may not assign or transfer this Agreement, in whole or in part without the prior written consent of Anchor Hosting. In the event that Client contemplates whole or partial sale of it’s business, ownership change, or change in jurisdiction, Client shall notify Anchor Hosting by mail, facsimile or email no less than 60 days prior to the effective date of the event.
Termination. Anchor Hosting may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Anchor Hosting of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Anchor Hosting and Client.
Disputes. If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Indemnification. Client shall indemnify and hold Anchor Hosting harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Anchor Hosting directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
General. If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of PA. Exclusive jurisdiction and venue shall be in the