WEBSITE HOSTING CONTRACT
THIS AGREEMENT is made and entered between Advanced Digital
Media, P.O. Box 352, Ignacio, Colorado, hereinafter referred
to as aDigitalM / aDigitalHost and the Customer, who wishes
to use the services of Advanced Digital Media in accordance
with aDigitalM / aDigitalHost's standard application, the
online order form.
NOW, THEREFORE, in consideration of the foregoing premises
and the mutual covenants hereinafter set forth, the parties
hereto agree as follows:
1. SERVICE DESCRIPTION: As a World Wide Web service
provider, aDigitalM / aDigitalHost provides dedicated 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 of aDigitalM / aDigitalHost to establish
an Internet web presence on one of aDigitalM /
aDigitalHost's server computers in a shared web hosting
environment sharing space an a web server with other web
2. CONDITIONS: The application, signup form or placing an
order by phone and this Agreement constitute a binding
contract between aDigitalM / aDigitalHost and the Customer
and does not extend to any other person or entity.
Cancellations after the application is received and web
space is set-up will still hold the Customer responsible for
server space and the set-up fee of the web space, unless the
cancellation is within the first 30 days of the initial
(first term) signup, then the customer, upon request, will
be refunded the current first month's fee excluding any
applicable setup fee, domain name registration fee or
additional add-ons purchased by the customer. Customer
acknowledges that Adult material, copyrighted material not
belonging to the Customer, and Spamming (the sending of
unsolicited Emails) or any other violation of aDigitalM /
aDigitalHost's Acceptable Use Policy are strictly
prohibited. Customer acknowledges that violation(s) of these
conditions are cause for termination of this agreement and
no refunds or credits will be made to the Customer even if
the Customer prepaid for an extended period. Customer may
also be liable to aDigitalM / aDigitalHost for up to $500.00
USD for cleanup of Spam violations at aDigitalM /
3. WARRANTIES: With respect to the service to be provided
herein, the Customer acknowledges that aDigitalM /
aDigitalHost makes absolutely no warranties whatsoever,
express or implied. As a result, the Customer agrees that
aDigitalM / aDigitalHost 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, delays, non-deliveries,
loss of business or service interruptions. Customer Agrees
that aDigitalM / aDigitalHost is not liable to pay or refund
the customer any fees, damages or payments with the
exception of aDigitalM / aDigitalHost's 99.9% Network Uptime
Protection. The 99.9 % Network Uptime Protection only covers
the network connection to the web servers. The 99.9 %
Network Uptime does not cover the actual operation of the
web server or the customer's web site functioning. the 99.9
% Network Uptime Protection only covers the internet
connection to the web server. If the aDigitalM /
aDigitalHost's Network Connection to the internet (not the
Customer's Connection to the internet) is not available more
than one (1) hour during a given month, the customer may
request in writing a refund of $1.00 USD to be credited
toward the next month's or period's renewal fee. Customers
will not be given any other type of payment besides a credit
for the following service Period. If the connect described
above in this paragraph is not available for a continuous 8
hour period in a given month, the customer may request a 10
percent of one month's credit for that month applied to the
next renewal period. If this same connection is down more
than 24 continuous hours the Customer my request a 25
percent credit for 1 month during the next renewal period.
NOTE: THE 99.9 % NETWORK UPTIME PROTECTION DOES NOT COVER
THE AVAILABILITY OF THE CUSTOMER'S WEB SITE. IT ONLY COVERS
THE CONNECTION TO FROM THE INTERNET TO THE WEB SERVER.
Warrantees for any development work by aDigitalM /
aDigitalHost is limited correcting programming errors in the
web application developed by aDigitalM / aDigitalHost and
the customer agrees by using aDigitalM / aDigitalHost
services/web applications or programs that aDigitalM /
aDigitalHost will not be responsible or held liable for any
monetary damages for any problems or loss of revenue include
claims of 'omissions and errors', loss of data, loss of
customers that may result in customer using/deploying
aDigitalM / aDigitalHost's services or web applications.
Customer acknowledges that aDigitalM / aDigitalHost makes
regular scheduled backups of its servers and websites hosted
on aDigitalM / aDigitalHost servers and that aDigitalM /
aDigitalHost is under no obligation to re-install customers
data or restore Customer's web content or data. Customer is
responsible to make working backups and store working
backups on Customer's own computers. If aDigitalM /
aDigitalHost chooses to re-install a Customer's web content
or data, Customer agrees that they may be required to pay
aDigitalM / aDigitalHost a fee up to $50.00 USD. aDigitalM /
aDigitalHost does not guarantee the quality or reliability
for data/site backups.
4. INFORMATION: The utilization of any data or information
received by the Customer from the utilization of the service
to be provided by aDigitalM / aDigitalHost is at the
Customer's sole and absolute risk. aDigitalM / aDigitalHost
specifically disclaims and denies any responsibility for the
completeness, accuracy or quality of information obtained
through the services to be provided hereby. The Customer
acknowledges that information will be provided to third
parties for the purpose of processing orders and/or fees.
5. DOMAIN NAME: If aDigitalM / aDigitalHost 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 aDigitalM / aDigitalHost, 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 aDigitalM / aDigitalHost for
any reason. If Customer requests that aDigitalM /
aDigitalHost acquires a domain name at the Customer's
request, Customer acknowledges that aDigitalM / aDigitalHost
is not a Domain Name Register, but resells domain name
registration(s) from a Domain Name Register of aDigitalM /
aDigitalHost's choosing. Customer acknowledges the
Customer's contact and billing information may be provided
to the Domain Name Register through aDigitalM /
6. PAYMENT: The set-up fee is due at the time the
application, signup form is filled out, and submitted to
aDigitalM / aDigitalHost or order processing information
provided by phone, email or fax to aDigitalM / aDigitalHost.
Subsequent payments are due according to the selected fee
schedule following the establishment of the web space on the
Internet. Web space will be payable a minimum of one (1) day
in advance of the service period depending on the selected
fee schedule. Subsequent payments are due on the renewal
date per the selected fee schedule. In the event that the
Customer fails to pay for such services in advance,
aDigitalM / aDigitalHost shall be entitled to unilaterally
terminate this Agreement and discontinue the service until
payment is made.
7. UNILATERAL SERVICE REVOCATION: In the event that
aDigitalM / aDigitalHost 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, aDigitalM / aDigitalHost may immediately
discontinue such service to the Customer without liability
or damages. NO REFUNDS Will be Due the Customer.
8. INDEMNIFICATION: The Customer shall indemnify and hold
harmless aDigitalM / aDigitalHost 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 aDigitalM / aDigitalHost on the grounds
that the web space content violates any copyright,
proprietary right of any person, state and federal
regulations, or contains any matter that is libelous or
scandalous. Furthermore this agreement frees aDigitalM /
aDigitalHost and holds aDigitalM / aDigitalHost harmless for
any and all 'errors and omissions' claims regarding any
development work performed by aDigitalM / aDigitalHost or
the Use of aDigitalM Cart™, or any third-party software
deployed by aDigitalM / aDigitalHost.
9. aDigitalM Cart™: aDigitalM Cart™ is Copyrighted by
Advanced Digital Media, and is under License of Use to use
on one website for which it is licensed. aDigitalM Cart™ may
not be sold, distributed, copied or transferred to any third
party without the expressed written permission of Advanced
Digital Media. If the site is sold, the license may
transferred to the party purchasing the site. It is the
original Licensee's responsibility to insure the transfer of
the license is completed with Advanced Digital Media. It is
agreed that aDigitalM Cart™ is Licensed AS IS. Furthermore,
the licensee (Customer) agrees to INDEMNIFY and Hold
harmless Advanced Digital Media, and/OR it's Agents against
all claims arising form it's use. The license agrees that it
is the responsibility of the Licensee to safeguard any and
ALL Personal Identifiable or Financial Information of
customers using aDigitalM Cart™. aDigitalM Cart™ is Licensed
AS IS and WITHOUT WARRANTEE. Advanced Digital Media Agrees
to INDEMNIFY licensee of aDigitalM Cart™ of any COPYRIGHT
violation contained in the original source code.
10. CHANGES IN TERMS OF AGREEMENT: aDigitalM / aDigitalHost
reserves the right to make changes to the terms and
conditions of this Agreement upon thirty (30) days notice to
the Customer (notice considered to be given when published
on this page and/or website and is Customer's responsibility
to periodically review the Web Hosting Contract), 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).
11. CHARGE BACK/Not Sufficient Funds Payments: Credit
Card/Debit Charge Backs and check with non-sufficient funds
may result in immediate suspension and/or termination of
accounts or work performed. Accounts will not be reactivated
until funds have been received by aDigitalM / aDigitalHost.
The account will be subject to a $50.00 setup fee to
re-activate the account. Customer acknowledges that
aDigitalM / aDigitalHost has no obligation to provide any
backup or copies for any website, website content or related
files to Customer. Checks received by aDigitalM /
aDigitalHost that are returned from a financial institution
under conditions of Non-sufficient funds or Credit Card/Dept
Card or PayPal Charge backs will result in a fee to you of
$25.00 or maximum allowable by law. These checks may be
turned over to Law Enforcement Agencies for prosecution.
Customer agrees to pay any and all collection fees
associated with collection payments, fees, or cleanup fees
to aDigitalM / aDigitalHost or aDigitalM / aDigitalHost
12. LATE/DELINQUENT PAYMENT:
Accounts that are more than 10 days delinquent or late with
payment will be charged a $10.00 late fee plus 1.5 Percent
of the unpaid balance per month. Accounts more than 20 days
delinquent may be suspended. Suspended accounts may be
required to pay a $50.00 reinstatement fee before the
account is restored.
12. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and
the application for web space constitute 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.
13. GOVERNING LAW: This Agreement shall be governed by the
laws of the State of Colorado 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.
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.
Thank you for visiting Advanced Digital Media!
What information is collected and used?
Advanced Digital Media only collects personally identifiable information when you actually make a purchase or request information from Advanced Digital Media or when you request information regarding our companies or products. This information is collected so we may process your request. Other possible information that is collected is your current IP address. The IP address could be collected for security related issues or used to insure your order or request for information is not confused with another user who might be using certain features on our web site at the same time you are using them. Specific information collected at time of order or request for information are name, address, email, phone, and credit card information ('orders only'- if ordering by credit card). THIS INFORMATION IS ONLY USED TO PROCESS YOUR ORDER or INFORMATION REQUEST (exception-your email address could also be used to notify you of Advanced Digital Media news).
Do we share or disclose your information?
Without your consent, Advanced Digital Media will not sell, rent or share your personally identifiable information -- other than what is necessary to process your order OR information request -- to any third party. One exception to this is we will respond to subpoenas, court orders or legal process (mainly due to credit card fraud or security violations).
Do we set cookies on your computer?
What about security?
Advanced Digital Media Account Information is password-protected for your privacy and security. We also use industry-standard SSL-encryption to protect data transmissions.
How is my email address used?
Advanced Digital Media will not provide your email address to any third parties except those which help us process your request. However, if you provide us your email address, we may use it to notify you of any upcoming product information or news that might be useful to you regarding Advanced Digital Media. Your email address will also be used to notifying you of the status of your order. If you choose not to receive any email from us, we will remove your email address as an opt-out option.
Advanced Digital Media reserves the right to amend this policy as necessary or at our discretion. We suggest that you read this policy from time to time for revisions.
By using Advanced Digital Media's web site, you agree to this policy.
You may find useful information about safe 'surfing' from the Federal Trade Commission by following this link -
If you have any questions regarding our policy, email us at firstname.lastname@example.org