Shared Web Hosting Service Agreement
This Service Agreement is between
12 Point Design
Twain Harte, California
("12 Point Design")
Your acceptance of this agreement is evidenced by your continued use of 12 Point Design services and
you agree to be bound by all the terms and conditions of this agreement, 12 Point Design's
Use Policy and 12 Point Design
12 Point Design and You agree to the following provisions:
- Provision of Services.
12 Point Design agrees to provide services to You in accordance with the Shared Web
Hosting Service Level Agreement in exchange for your payment for 12 Point Design's services,
your execution and compliance with this agreement, and your compliance with 12 Point Design's
Acceptable Use Policy and No-Spam Policy. Provision of 12 Point Design's services shall commence
once 12 Point Design has received both Your payment for 12 Point Design's services and this Agreement duly
executed by You. You warrant and represent that You shall use 12 Point Design's services only for
- Agreement Term.
The initial term of this agreement shall be from the date of your initial payment
and execution of this agreement through the remainder of the calendar year in which this
agreement was executed.
The term of this agreement, after the initial agreement term, shall be one calendar year.
- Automatic Renewal.
This agreement shall renew automatically at the end of the prior agreement term
unless terminated either by You or by 12 Point Design.
- Termination without Cause.
You may terminate this agreement at any time, for any reason, by following the
termination procedure located within the Support section of 12 Point Design website or in writing
prior to the automatic renewal of this contract.
12 Point Design shall prorate any pre-paid amounts upon termination of this agreement. Set-up fee
is non-refundable. Cancellation must be made within 3 days for a full-refund to be issued.
After which, an amount equivalent to one months service will apply, the remainder to be refunded.
All customer data and account settings including, but not limited to, E-mail messages,
E-mail account, website content and databases shall be irrevocably deleted upon account termination.
12 Point Design may terminate this agreement at any time, for any reason, by:
- providing written or electronic mail notice of termination to your 12 Point Design E-mail
contact address no less than fifteen days prior to the service termination; and
- refunding monthly services charge for the remaining months in which 12 Point Design services
- Termination for Cause.
You agree to maintain and keep current all contact information for your account(s)
which reside within 12 Point Design. Failure to maintain or keep current all contact information
shall be valid grounds for 12 Point Design termination of services for just cause.
If 12 Point Design terminates your account for violation(s) of this agreement, 12 Point Design's
Acceptable Use Policy or 12 Point Design's No-Spam policy, 12 Point Design shall not be required to
refund to you any billable amounts for the month in which 12 Point Design services terminate.
- Payment Terms.
You agree to be billed yearly for all recurring and one-time charges, including
late and termination charges, for any 12 Point Design services ordered by You, unless previous
arrangements are made.
You agree to make prompt payment in the form of Cash, Check or Pay Pal account
of all monies due to 12 Point Design. 12 Point Design shall provide You with a yearly invoice.
12 Point Design shall not be liable for any taxes and other governmental fees to be paid
which are related to purchases made by You from 12 Point Design's server. You agree that
you shall be fully responsible for all taxes and fees of any nature associated with
products or services sold through the use of or with the aid of services provided
to You by 12 Point Design.
- "Beta" Hosting Products.
Uptime guarantees provided elsewhere in this agreement or in Service Level Agreement(s)
- Materials and Products.
Any material and data you provide to 12 Point Design in connection with 12 Point Design's services shall
be in a condition that is in a form requiring no additional manipulation on the part of 12 Point Design. 12 Point Design shall make no effort to validate this material or data for content, correctness,
or usability. Material or data that is not in this condition shall be a breach of this agreement.
12 Point Design may, in its sole discretion, reject material or data that You have placed on
12 Point Design's servers or that You request 12 Point Design put on 12 Point Design's servers. 12 Point Design agrees
to notify You immediately of its refusal of the material or data and provide You with
an opportunity to amend or modify the material or data to meet the requirements of 12 Point Design.
Your failure to amend or modify the data or material as directed by 12 Point Design within a
reasonable time shall be a breach of this agreement.
You expressly agree that use of 12 Point Design's services is at your sole risk.
- Liability: No Warranty; Limitation of Damages.
12 Point Design, its agents, affiliates, licensors or the like, do not represent
or warrant, expressly or impliedly, that 12 Point Design's services will not be interrupted
or error free; neither do they make any warranty as to the results that may be
obtained from the use of 12 Point Design's services or as to the accuracy, reliability,
or content of any information service or merchandise contained in or provided
through 12 Point Design's services, unless otherwise expressly stated in this agreement.
12 Point Design, its officers, agents, or anyone else involved in providing 12 Point Design's
services shall not be liable for any direct, indirect, incidental, special, or
consequential damages that result from the use or inability to use 12 Point Design's services;
or for any damages that result from mistakes, omissions, interruptions, deletion of
files, errors, defects, delays in operation, or transmission, or any failure of
performance, whether or not limited to acts of God, communication failure, theft,
destruction, or unauthorized access to 12 Point Design's records, programs, or services.
12 Point Design will exercise no control over the content of the information passing
through 12 Point Design's network except those controls expressly provided herein.
12 Point Design makes no warranties or representations of any kind, express or implied,
for the service it is providing. 12 Point Design also disclaims any warranty of merchantability
or fitness for a particular purpose and will not be responsible for any damages that may be
suffered by You, including loss of data resulting from delays, non-deliveries, or
service interruptions by any cause or due to your errors or omissions. Use of any information
obtained by way of 12 Point Design is to be used at Your own risk, and 12 Point Design specifically denies
any responsibility for the accuracy or quality of information obtained through its services.
12 Point Design expressly limits its damages for any non-accessibility time or other downtime to the
penalties listed in 12 Point Design's Shared Web Hosting Service Level Agreement. 12 Point Design expressly
limits its responsibility for any damages arising as a consequence of such unavailability.
- Patents, Copyrights, Trademarks, and Other Intellectual and Proprietary Rights.
Except for rights expressly granted herein, this agreement does not transfer any
intellectual or other property or proprietary right to You. You agree that all rights,
title, and interest in any product or service provided to You is 12 Point Design's. These
products and services are only for your use in connection with 12 Point Design's services provided
to you as outlined in this agreement.
You expressly warrant to 12 Point Design that You have the right to use any patented,
copyrighted, or trademarked material which You use, post, or otherwise transfer to 12 Point Design servers.
- Hardware, Equipment, and Software.
You are responsible for and must provide all phones, phone services, computers,
software, hardware, and other services necessary to access 12 Point Design servers. 12 Point Design
makes no representations, warranties, or assurances that your equipment will be
compatible with 12 Point Design services.
You expressly represent and warrant that You and any person to whom You grant access
to your 12 Point Design account have reached the age of eighteen.
You agree that you shall defend, indemnify, save, and hold 12 Point Design harmless from
any and all demands, liabilities, losses, costs, and claims, including reasonable
attorneys' fees, asserted against 12 Point Design, its agents, servants, officers, and
employees, that may arise or result from any service provided or performed or
agreed to be performed or any product sold by You, your agents, employees, or assigns.
You agree to defend, indemnify, and hold harmless 12 Point Design against liabilities arising out of:
- any injury to person or property caused by any products sold or otherwise
distributed in connection with 12 Point Design services provided to you;
- any material supplied by You infringing or allegedly infringing on the property
or proprietary rights of a third party;
- copyright infringement; and
- any defective product which You sold or distributed by means of 12 Point Design services.
You agree that the liability limit of 12 Point Design shall in no event be greater than
the aggregate dollar amount which You paid during the terms of this agreement, including
any reasonable attorneys' fees and court costs.
- Governing Law; Jurisdiction; Forum.
This agreement shall be governed by and construed
in accordance with the laws of the state of California without regard to its conflicts
of laws or principles. You agree, in the event any suit is brought in connection with
12 Point Design's provision of services to you, to submit to the jurisdiction of the state of
California, and agree to the courts of Tuolumne County, California as the appropriate forum.
In case any one or more of the provisions contained herein shall,
for any reason, be held to be invalid, illegal, or unenforceable in any respect,
such invalidity, illegality, or unenforceability shall not affect any other provisions
of this agreement, and this agreement shall be construed as if such provision(s)
had never been contained herein, provided that such provision(s) shall be curtailed,
limited, or eliminated only to the extent necessary to remove the invalidity, illegality,
No waiver by 12 Point Design of any breach by You of any of the provisions of this
agreement shall be deemed a waiver of any preceding or succeeding breach of this
agreement. No such waiver shall be effective unless it is in writing and then only
to the extent expressly set forth in such writing.
- Entire agreement.
This agreement, including 12 Point Design Acceptable Use Policy, 12 Point Design No Spam Policy,
and 12 Point Design Shared Web Hosting Service Level Agreement, shall constitute the entire
agreement between You and 12 Point Design.
PO Box 1306
Twain Harte, CA