MetroCast :: Policies :: Web Hosting Service Agreement

Web Hosting Service Agreement

READ THESE TERMS CAREFULLY BEFORE REGISTERING FOR A WEB HOSTING ACCOUNT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR CLICKING ON THE BUTTON MARKED “I ACCEPT” AND YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND AS SET FORTH HEREIN. WE RECOMMEND PRINTING A COPY OF THIS AGREEMENT FOR YOUR FILES.

     This Agreement (“Agreement”) is between you (“Client”) and MetroCast, a United States and New Hampshire company, (“MetroCastWebHosting.com”) as of the date you order a web hosting account (“account”) from MetroCastWebHosting.com.

     MetroCastWebHosting.com is in the business of offering, among other things, website hosting services pursuant to web hosting accounts.

     MetroCastWebHosting.com may amend this Agreement at any time by posting the amended Agreement on its web site and the effective date of any such amendment will be the date on which the amended Agreement is so posted. Client agrees that it has read and understands this Agreement and acknowledges a duty to periodically check these terms and conditions. Without limiting the generality or effect of the foregoing, MetroCastWebHosting.com may also add, delete or modify some or all of its Services at any time and in its sole discretion.

     By accepting this Agreement, Client (i) represents and warrants that he or she is at least 18 years of age and is the authorized representative of the organization or entity that he or she purports to represent, and (ii) agrees to provide true, accurate, current and complete information about Client as prompted in the account registration process.

Pursuant to the terms of this Agreement and the Plan selected by Client, MetroCastWebHosting.com agrees to provide Client with: (i) space on a server (“Virtual Server”) to host a site on the Internet (“Web Site”), (ii) a license to use MetroCastWebHosting.com proprietary software (“Software”), and (iii) various other services as more specifically set forth in Client’s Plan (collectively, “Services”). Client hereby agrees that MetroCastWebHosting.com is responsible only for providing the Services set forth in Client’s Plan and this Agreement, and MetroCastWebHosting.com is not responsible for providing any other services or tasks

The Web Site shall be generally accessible to third parties via the Internet twenty-four hours a day, seven days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of MetroCastWebHosting.com or which are not reasonably foreseeable by MetroCastWebHosting.com, including but not limited to interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures. PLEASE SEE SECTION 3.1 FOR 90% UPTIME GUARANTEE.

As part of the Services, MetroCastWebHosting.com shall provide Client with a system and the necessary Software for Client to transmit to MetroCastWebHosting.com any revisions, updates, deletions, enhancements or modifications (“Updates”) to the Virtual Server. MetroCastWebHosting.com shall update the Virtual Server provided that (i) Client is not in default of its payment obligations hereunder, (ii) such Updates are within the scope of this Agreement; and (iii) such Updates are server ready.

MetroCastWebHosting.com provides Domain Registration services through our third party registrar Enom. Enom's Registration agreement can be found here. MetroCast is not responsible for the renewal/s of domain/s. It is the responsibility of the owner of the domain/s to renew it/them.

This Agreement will begin upon the date Client registers the Plan and shall continue for the period of time set forth in the Plan (“Initial Term”), unless earlier terminated according to the provisions of Section 7 below. This Agreement will continue automatically for additional terms equal to the Initial Term (each, a “Renewal Term”) unless either party provides notice at least seven (7) days prior to the end of the Renewal Term, as applicable, that it has elected not to renew the Agreement. For security reasons and the general protection of all clients, MetroCastWebHosting.com requires all notices not to renew the Agreement be delivered by either: (i) submitting an e-mail at cancelations@MetroCastWebHosting.com or (ii) mailing a cancellation request to 21 Jarvis Ave. Rochester, NH 03868, containing the account name, user ID, password, reason for cancellation, first and last name and signature of Client.

Subject to the limitations contained herein, MetroCastWebHosting.com hereby warrants that the following services will have an average monthly uptime of no less than 90% as determined exclusively by MetroCast: http, ftp, SSH,SMTP and POP3 (“90% Uptime Guarantee”). The month begins on the first day of each month and continues until the last day of that month. In the event of any loss or interruption of Services resulting in less than 90% uptime and which is due to (i) causes other than scheduled maintenance and required repairs, (ii) causes beyond the control of MetroCastWebHosting.com, or (iii) causes which are not reasonably foreseeable by MetroCastWebHosting.com, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures, Client shall receive, and MetroCastWebHosting.com’s sole and exclusive liability for any loss or interruption of Services shall be, a credit equal to a proration of the actual downtime based upon the Client’s present Plan fees. The percentage as provided by MetroCast and shall be the sole and final determination of the 90% Uptime Guarantee.

Provided Client is at no time in breach of this Agreement, and Client does not change Client's current virtual server plan, MetroCastWebHosting.com hereby agrees to not raise the fees set forth in Client’s Plan (“Price Freeze Guarantee”).

Client shall pay all fees according to the prices and terms listed in this Agreement and Client’s Plan. The prices listed in Client’s Plan at the date of this Agreement shall remain in effect during the Initial Term. Except as provided in the Prize Freeze Guarantee, MetroCastWebHosting.com may change the fees it charges Client for Plans upon thirty (30) days prior notice to any Renewal Term.

Payment for all Set-Up Fees (as set forth in the Plan) shall be due immediately upon Client’s registration of the Plan. Fees for Services shall be in the amount and frequency set forth in the Plan selected by Client (“Payment Date”). This Agreement is for the entire Initial Term or applicable Renewal Term and Client is hereby obligated to pay the fees for the entire amount of the Plan voluntarily selected by Client. All such fees shall be received at MetroCastWebHosting.com by 5:00 p.m. on the Payment Date. Client shall pay a late charge of 2% per month, or the maximum rate permitted by applicable law, whichever is less, on any unpaid amount for each calendar month or fraction thereof that payments are in arrears to MetroCastWebHosting.com. All fees that have not been timely paid may be sent by MetroCastWebHosting.com to a collection agency. Client agrees to be responsible for paying all costs of collection, including, but not limited to, reasonable attorney’s fees and, where lawful, collection agency fees. All accounting issues should be addressed via a support ticket or by e-mail at support@MetroCastWebHosting.com

MetroCastWebHosting.com accepts credit card payments via the payment service Authorize.Net. Payments will be set up on a recurring basis via Authorize.Net's subscription method. In the event of a charge back, MetroCastWebHosting.com will immediately suspend all services to client until such time as full payment is received in addition to a $25.00 charge back fee and a $50.00 account enable fee.

Client must notify MetroCastWebHosting.com in writing of any disputed charges within 30 days of the date of the billing for such charges. If Client does not notify MetroCastWebHosting.com within that time period, Client has waived any right to dispute such amounts, either directly or indirectly or as a set-off, recoupment or defense in any action or efforts to collect amounts due to MetroCastWebHosting.com.

Failure of Client to fully pay any fees when due may be deemed a material breach of this Agreement justifying suspension of the performance of Services to Client at MetroCastWebHosting.com’s sole option. Any such suspension of Services does not relieve Client from the obligation to pay all amounts due MetroCastWebHosting.com under this Agreement for the remainder of the Initial Term or the then applicable Renewal Term. In the event of a suspension of Services and upon a reactivation request by Client, Client shall pay MetroCastWebHosting.com a $50.00 reactivation fee in addition to full payment of the outstanding balance due. Reactivation of services will only be performed during MetroCastWebHosting.com’s regular business hours (Monday through Friday, 9:00 a.m. – 5:00 p.m. EST Time, excluding holidays).

Fees are exclusive of any and all sales, use, value added, excise, transfer, privilege, duty and any other taxes or duties, whether international, national, state or local, however designated or assessed with respect to the Services provided under this Agreement; excluding, income taxes on profits which may be levied against MetroCastWebHosting.com.