This web hosting is catered for CrystalDI clients. The basic hosting
here has no control panel.
All installation, email additions, and other services must be requested.
Parties.
This agreement is between CrystalDI and the party as specified in the on-line
application (CLIENT). This
agreement covers the following web hosting services only. CrystalDI Regular,
CrystalDI Ecommerce, and CrystalDI Web Edit.
Web Hosting
Support Services Only - CrystalDI does not own or operate any servers
in regards to web hosting. Crystal DI only refers and recommends web hosting
companies.
As such, the charges applied by CrystalDI are applicable only for Support
Services, not the actual web host.
Space usage.
CrystalDI will allow the specified per plan web space to be used by the CLIENT
as long as the use is in compliance with the policies set below.
Bandwidth
usage. CrystalDI will not restrict the bandwidth
used by the CLIENT as long as the use is in compliance with the policies set
below.
Policies.
CLIENT agrees to comply strictly with CrystalDI "Acceptable use policy" and
"Copyright infringement policy". In addition to these CLIENT agrees not to
run any kind of 'server applications'. Every program/script that opens a port
on the shared hosting server is considered 'server application'. These include
but are not limited to IRC servers, IRC proxies, IRC bots.CLIENT understands
that the services are subject to immediate termination without compensation
for non-compliance with the policies. Further, CLIENT will be responsible
for the full amount of any tangible and intangible damages this may cause.
CrystalDI reserves the right to change the policies from time to time to reflect
the dynamic nature of the Internet. Both policies are available on-line any
time or as a hard copy by request only.
Account
sharing. Account sharing is only permitted when used in conjunction with
our hosting plans. Account sharing is not allowed with any other services.
CrystalDI will terminate immediately and without compensation accounts, which
share the web space with others or subdivide and resell the web space. Subdivision
of the web space into two or more web sites is not allowed unless the multiple
domain feature is being used and paid for.
CrystalDI
Server for Web Design Clients only. The web site files of clients who
choose CrystalDI for web design will be located in a exclusive server only
accessible by CrystalDI. This CrystalDI server holds several files belonging
to many of CrystalDI's web design clients and thus, access to these files
cannot be permitted. If at any time the client decides to use the services
of another web designer, the client's respective web site files will be migrated
to another server. Client will be responsible for paying the difference in
hosting fees.
Excluded
Services. CrystalDI will not provide services and will terminate existing
services immediately without compensation if the CLIENT's web site is involved
in any of the following: adult sites, copyrights violation, pirated software
(warez), pirated music and web sites, whose primary business is web advertisement.
On-line
subscription. CLIENT makes an on-line, paperless
subscription for the services. CLIENT acknowledges that all the information
he/she submits on-line is true and correct to the best of his/her knowledge.
CLIENT agrees that the act of submitting his subscription form on-line is
equivalent to his/her signature. CrystalDI will bill according to the billing
period unless a cancellation in writing is received.
Price
change. CrystalDI has the right to change the price
of the services to reflect a change in the cost of the service, or other reasons.
In case of price change, CrystalDI will send a 30 day advanced notice by e-mail
only.
Start
of services. Services will typically start on the
same business day on CrystalDI's site. Domain registration may take longer.
Quality of
Services. Although the CrystalDI will make the best efforts to provide
quality and uninterrupted services this is not guaranteed. CrystalDI will
not be responsible for any damages a service interruption may cause to the
Client. Furthermore CrystalDI will not censor any content on INTERNET. It
will be Client's responsibility for the usage of his account and any consequences
of this usage.
Fees.
CLIENT agrees to pay for the services setup fee, monthly fee, heavy traffic
fee (if any) and excessive space fee (if any). The setup fee and first month
fee is due upon the signature of this agreement. CrystalDI will notify CLIENT
in advance if any heavy traffic fee and/or excessive space fee are due.
Domain
name registration. CrystalDI will register the domain
name(s) as submitted in the subscription forms. First year registration fee
for one domain is included in the plan. CLIENT agrees to pay the registration
fees for the domain(s) thereafter. CLIENT agrees to pay the registration fee
for the first year in case he cancels the service before the expiration of
the first year.
Termination
of Services. CrystalDI reserves the right to refuse services to anyone
and to terminate existing services with 14 days advance notice for any or
no reason; and without advance notice if the CLIENT violates the clauses of
this agreement. CLIENT has the right to terminate the services at any time
with a written notice sent by mail to PO Box 3281, Fontana, CA 92334, or by
eMail to info@CrystalDI.com. Both parties agree that there will be no monetary
compensation for terminated services regardless of the reason. No refunds.
No pro-rate.
Automatic
account upgrade. CrystalDI may upgrade with e-mail
notice all web hosting accounts, which do not comply with the restrictions
of p.5 and p.7 above to metered plans with traffic charges and/or web space
charges.
Payments.
CLIENT agrees to pay by credit card. CLIENT agrees to provide updated credit
card information on-line as may be requested in case his/her card is being
declined. CLIENT understands that nonpayment will result in automatic "hold"
on his/her account. During the hold period the web site will not be accessible.
The account will be "reactivated" after payment in full is received. Credit
card accounts will be automatically renewed unless notified prior to expiration
date of service.
Late
Payment. CLIENT agrees to pay a one time penalty
of 10% of the amount due plus $10 per month for delayed payments.
Cancellation
of Hosting. CLIENT will be notified in writing (via
email) that the web hosting account will be canceled if there is 60 consecutive
days of nonpayment After 60-days, if no payment is received by client, CrystalDI
reserves the right to terminate the hosting account of the CLIENT.
Lawful
use of INTERNET. CLIENT agrees to use INTERNET in
accordance with the law and with the ethical rules established or to be set
up in the future.
No
solicitation. CLIENT agrees not to approach CrystalDI's
employees with proposals to hire them as his own employees or contractors.
If CLIENT were to hire any of REGISTRAR's employees, CLIENT agrees to pay
CrystalDI for each employee thus hired the greater amount of: three years
salary for that employee as CLIENT is to pay such employee, or $200 000.
LIMITED
LIABILITY. CrystalDI SHALL NOT BE LIABLE UNDER ANY
CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCT,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA,
PHONE BILLS, COMMUNICATION LINES BILLS, LOSS OF PRIVACY, DAMAGES TO THIRD
PARTY EVEN IF CrystalDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED
UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF
ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF
ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE.
FURTHER, CrystalDI WILL NOT CENSOR ANY CONTENT ON THE INTERNET. IT WILL BE
CLIENT'S RESPONSIBILITY FOR THE USAGE OF HIS ACCOUNT AND ANY CONSEQUENCES
OF THIS USAGE.
Indemnification.
CLIENT shall indemnify, defend by counsel reasonably accepted by CrystalDI,
protect and hold CrystalDI harmless from and against any and all claims, liabilities,
losses, costs, damages, expenses, including consultants' and attorneys' fees
and court costs, demands, causes of action, or judgments directly or indirectly
arising out of or related to the web hosting and other services provided by
CrystalDI to the CLIENT.
Security
and Integrity of Information. Although CrystalDI
implements the latest technology for information protection there is no guarantee
that the information on Internet is absolutely secured or never may be destroyed.
CLIENT agrees to keep the CrystalDI harmless in case of loss of information
or loss of privacy.
Entire Agreement.
This Agreement constitutes the entire understanding and contract between the
parties and supersedes any and all prior and contemporaneous, oral or written
representations, communications, understandings and agreements between the
parties with respect to the subject matter hereof, all of which representations,
communications, understandings and agreements are hereby canceled to the extent
they are not specifically merged herein. The parties acknowledge and agree
that neither of the parties is entering into this Agreement on the basis of
any representations or promises not expressly contained herein.
Modification.
This Agreement shall not be modified, amended, canceled or in any way altered,
nor may it be modified by custom and usage of trade or course of dealing,
except by an instrument in writing and signed by both of the parties hereto.
Waiver.
Performance of any obligation required of a party thereunder may be waived
only by a written waiver signed by the other party, which waiver shall be
effective only with respect to the specific obligation described therein.
The waiver by either party hereto of a breach of any provision of this Agreement
by the other shall not operate or be construed as a waiver of any subsequent
breach of the same provision or any other provision of this Agreement.
Severability.
If any provision of this Agreement shall be unlawful, void, or for any reason,
unenforceable, it shall be deemed severable from, and shall in no way affect
the validity or enforceability of, the remaining provisions of this Agreement,
which shall remain valid and enforceable according to its terms.
Governing
Law. This Agreement was entered into in the State
of California and its validity, construction, interpretation and legal effect
shall be governed by the laws and judicial decisions of the State of California
applicable to contracts entered into and performed entirely within the State
of California.
Authority
to Execute. Each of the parties to this Agreement
represents and warrants that it has full power to enter into this Agreement
and that it hasn't assigned, encumbered, or in any manner transferred all
or any portion of the claims covered by this Agreement.
Benefit of
Successors and Assigns. This Agreement shall be binding upon and inure
to the benefit of each of the parties hereto, and except as otherwise provided
herein, their respective legal successors and permitted assigns.
Cumulative
Remedies. Except as specifically provided herein, no remedy made available
to either party here under is intended to be exclusive of any other remedy
provided here under or available at law or in equity.
No Partnership
or Agency. Nothing in this Agreement shall be construed as creating a
joint venture, partnership, agency, employment relationship, franchise relationship
or taxable entity between the parties, nor shall either party have the right,
power or authority to create any obligations or duty, express or implied,
on behalf of the other party hereto, it being understood that the parties
are independent contractors vis-à-vis one another.
Excused Performances.
CrystalDI shall not be deemed to be in default of or to have breached any
provision of this Agreement as a result of any delay, failure in performance
or interruption of the Services, resulting directly or indirectly from acts
of God, acts of civil or military authority, civil disturbance, war, strikes
or other labor disputes and disturbances, fire, transportation contingencies,
shortages of facilities, fuel, energy, labor or materials, or laws, regulations,
acts or order of any government agency or official thereof, other catastrophes,
or any other circumstances beyond CrystalDI's reasonable control. In the event
of any such delay or failure, performance of the Services shall be deferred
to a date and time mutually agreeable by the parties.
Counterparts.
This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
Captions.
The section headings and captions contained herein
are for reference purposes and convenience only and shall not in any way affect
the meaning or interpretation of this Agreement.
Gender.
Where the context so requires, the masculine gender shall include the feminine
or neuter, and the singular shall include the plural and the plural the singular.
Recitals.
The recitals above set forth are incorporated herein by reference.
Arbitration.
Any dispute arising under this agreement shall be resolved by binding arbitration
in the greater Los Angeles County Area in California and under the rules of
the American Arbitration Association.
