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Web Site Hosting Agreement Please Read this agreement in its entirety and follow the instruction at the end in order to electronically execute this agreement. This Web Site Hosting Agreement ('Agreement') is by and between Commotion Music Promotion, Inc. Hosting. (CommotionPromotion.com), a Colorado Corporation, and you, your heirs, assigns, agents and contractors ('You') and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of CommotionPromotion.com Hosting ('Web Hosting') services and represents the entire agreement between You and CommotionPromotion.com. By using CommotionPromotion.com's Web Hosting services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which CommotionPromotion.com may establish from time to time. 1. FEES As consideration for the services purchased by You and provided to
You by CommotionPromotion.com, You agree to pay CommotionPromotion.com
a monthly fee. Your monthly billing date will be the first of the
month. We accept payments in cash, money order or personal checks
made payable to Commotion Music Promotion, Inc.. We also accept credit
card payments via PayPal. (make PayPal payments to
This e-mail address is being protected from spam bots, you need JavaScript enabled to view it
.) The current Fee Schedule is at: http://www.commotionpromotion.com/joomla/content/view/24/ 2. Non payment of Fees: If any charges are owing to us and are not fully paid we may restrict
the right to suspend the use of our servers. You remain liable for
the charges. You will have to pay any reasonable expenses (including
solicitor and own client costs) we incur in collecting any money you
owe us or in exercising any of our other legal rights .
You agree that You will be responsible for notifying CommotionPromotion.com should you desire to terminate Your use of CommotionPromotion.com's Web Hosting services. Notification of Your intent to terminate must be provided to CommotionPromotion.com no less than 30 days prior to the date of termination. In the absence of notification from You, CommotionPromotion.com will automatically continue Web Hosting services indefinitely and will invoice you at CommotionPromotion.com's then current rates. In the event You terminate, moving your web site off of the CommotionPromotion.com hosting servers is Your responsibility. CommotionPromotion.com will not transfer or FTP Your web site to another provider.
4. TERM OF AGREEMENT; MODIFICATIONS The term of this agreement shall continue in full force and effect as long as CommotionPromotion.com is providing Web Hosting services to You. You agree that CommotionPromotion.com may modify this Agreement from time to time. CommotionPromotion.com may also discontinue services it provides under this Agreement. You agree to be bound by any changes CommotionPromotion.com may reasonably make to this Agreement when such changes become effective. 5. DESCRIPTION OF SERVICE CommotionPromotion.com currently provides Web Hosting services to
its customers for a monthly fee. CommotionPromotion.com will host
Your web site on CommotionPromotion.com's Web Hosting servers, provided,
however, You abide by the terms and conditions set forth herein and
in each of CommotionPromotion.com's policies and procedures. See:
Hosting Plans Charges for Space and Server Traffic: Above and Beyond that which
are allocated in Client's Hosting Plan You agree that there will be
a charge per mega byte of extra data transfer and will remit payment
for extra server traffic pursuant to the website hosting package that
you have selected. Charges for excess server traffic are also listed
in CommotionPromotion.coms pricing plans you agree that it will be
charged and will remit payment for extra bandwidth, server storage
space and extra e-mail accounts pursuant to the web site hosting package
that you have selected. Said charges will be prorated and appear on
the following invoice. 6. CommotionPromotion.com'S RIGHTS CommotionPromotion.com explicitly reserves the right and sole discretion
to: a. Censor any web site hosted on its Web Hosting servers that,
in CommotionPromotion.com's sole discretion, is deemed inappropriate;
b. Review every Web Hosting account for excessive space and bandwidth
utilization and to terminate or apply additional fees to those accounts
that exceed allowed levels; c. Modify its pricing through email notification;
d. Terminate Your Web Hosting service for unsolicited, commercial
e-mailing (i.e., SPAM); illegal access to other computers or networks
(i.e., hacking); distribution of Internet viruses or similar destructive
activities; non-payment of Web Hosting fees; and other activities
whether lawful or unlawful that CommotionPromotion.com determines
to be harmful to its other customers, operations, or reputation; e.
Terminate Your Web Hosting service if the contents of Your web site
result in, or are the subject of, legal action or threatened legal
action, against CommotionPromotion.com or any of its affiliates or
partners, without consideration for whether such legal action or threatened
legal action is eventually determined to be with or without merit. 7. DISPUTE RESOLUTION POLICY You agree that if a dispute arises as a result of one or more web sites CommotionPromotion.com is hosting for You, You will indemnify, defend and hold CommotionPromotion.com harmless for damages arising out of such dispute. You also agree that if CommotionPromotion.com is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by CommotionPromotion.com, that CommotionPromotion.com, in its sole discretion, may take whatever action CommotionPromotion.com deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. Client agrees that ANY claim, action, controversy, protest, or dispute (whether for damages or otherwise) against Commotion Music Promotion, Inc. or arising from this agreement, including but not limited to: any claim of breach of this agreement, the relationship of Client and Commotion Music Promotion, Inc., the contact person for Client, shall be settled by arbitration before the American Arbitration Association. Arbitration shall be the sole and exclusive remedy in such cases, and the decision and award shall be final and binding on both parties. The expenses of the arbitration are to be borne by the Client. The award is to be rendered in such form that a judgment may be entered thereon. Commotion Music Promotion, Inc. reserves the right to pursue the Client for ANY claim, action, controversy, protest, or dispute (whether for damages or otherwise) or arising from this agreement, including but not limited to: any claim of breach of this agreement in any court or other venue it deems suitable.
You agree that CommotionPromotion.com's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by CommotionPromotion.com to You under this Agreement, and for any breach of this Agreement by CommotionPromotion.com, shall be limited to the fees You paid to CommotionPromotion.com for Web Hosting services. 11. INDEMNITY You agree to release, defend, indemnify and hold harmless CommotionPromotion.com and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with CommotionPromotion.com and/or Your use of the Web Hosting services provided by CommotionPromotion.com. 13. DISCLAIMER OF WARRANTIES. CommotionPromotion.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 14. SEVERABILITY You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect. 15. VENUE; WAIVER OF TRIAL BY JURY THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF COLORADO. THE LAWS AND JUDICIAL DECISIONS OF JEFFERSON COUNTY, COLORADO, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF JEFFERSON COUNTY, COLORADO. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT. 16. NOTICES You agree that all notices (except for notices concerning breach of this Agreement) from CommotionPromotion.com to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address you have on file with CommotionPromotion.com. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to CommotionPromotion.com shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at: Commotion Music Promotion, Inc. Copyright © 2002 CommotionPromotion.com Hosting. All Rights Reserved. To electronically execute this agreement: To execute this agreement via FAX: To Execute this Agreement via POSTAL MAIL: Mailing of the contract will delay the migration of your web site domain to the new server and we cannot guarantee there won't be an interuption of service. If you have trouble, please contact us at 303-921-5271 during normal business hours, an email is the best way to contact us with support questions. This e-mail address is being protected from spam bots, you need JavaScript enabled to view it By Accepting this hosting agreement, you also accept and will adhere to our Privacy Policy, Acceptible Use Policy and our Terms of Service and all other policies of CommotionPromotion.com Hosting.
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