Agreement of Hosting
Whereas in consideration for use of hosting products and services, you the “Customer” (herein “account holder”, “customer”, “client” or “user”) enters with Colletti Tech LLC (herein “Colletti Tech”, “Host”, and “Provider”) this Agreement of Hosting (collectively “Hosting Agreement”, “Terms of Hosting”, “Terms and Conditions”, and “Agreement”). Now therefore, to obtain hosting, the Customer hereby agrees and acknowledges the binding terms and conditions of this agreement without modification:
Definitions
“Affiliate” means a legal entity designed as a distributor, partner, seller, or vendor that obtains authorization to place purchases on behalf of a customer by directly obtaining services and products from Colletti Tech for resale;
“Customer” means an individual or legal entity (collectively “customer, client, end user, user, and you”) that obtains a billing account for consultation, products, or services directly from Colletti Tech, or indirectly through an authorized affiliate;
“Parties” means both the Customer and Colletti Tech LLC;
“Party” means an individual or legal entity obtaining products or services or the host that is providing products or services;
“User” means an individual or legal entity (collectively “client, customer, end user, and you”) that obtains a billing account for consultation, products, or services directly from Colletti Tech, or indirectly through an authorized affiliate; and
“Services” means service that Colletti Tech provides to you that make available, access, display, run, support, or otherwise interact, directly or indirectly, with the products. Colletti Tech provides these services from data center(s) through the Internet, a cellular network, fiber network, telephone network, private network, or wireless network on a rental, subscription, or services basis, whether customer receives a charge or fee. Software services exclude any services involving installation of a product directly on any end user device to permit an end user to interact with the product.
Section 1: Acceptance of Agreement
Whereas purchasing and continued use of associated services and products, you hereby agree to all binding terms and conditions of this Agreement of Hosting and attachments to the agreement. Additionally, you hereby agree to all agreements of Colletti Tech as they may exist from time-to-time.
Section 2: Term of Agreement
The initial term of this agreement shall commence on the date of payment remittance and continue through the remainder of the calendar term in which payment was remitted. After the initial term, this agreement shall be automatically renewed for a monthly or annual term upon the remittance of payment. The automatic renewal of the term shall require you to maintain your billing account in good standing, until such is no longer in good standing or terminated.
Section 3: Provisioning of Services
Colletti Tech will provide the customer with services (collectively “hosting” and “cloud solutions”) in which payment was remitted. Such services may consist of cloud solutions, web hosting, email, domain names, security certificates, unified communications, or such offerings as they may exist from time-to-time. Colletti Tech shall reserve all rights to amend, establish, or terminate any features of a product plan (a “plan”) for offered services from time-to-time.
Section 4: Terms of Payment
You hereby agree to pay Colletti Tech all charges in advance on a monthly or annual term for your plans as automatically billed or invoiced due date. Colletti Tech shall reserve the right to amend the costs for any plan, product, or service as deemed necessary. Any affected customer by such amendment will be notified electronically. Furthermore, customer may incur additional costs as follows:
(a) Additional costs for add-on services not included in your current plan shall be automatically billed or invoiced for payment;
(b) You hereby agree to be billed automatically for all applicable fees:
(i) Delinquent payment fee beginning the first day past the due-date and additional fees continuing every thirty days consecutively;
(ii) Service restoration fee will be charged for any customer with their account suspended;
(iii) Non-sufficient funds fee upon the return of any payment;
(iv) Fees for any chargebacks or payment disputes brought by you, your financial institution, or payment processor;
(v) Abuse or security violations fee for negligent actions or damages; and
(vi) Any fees as they may exist from time-to-time.
(c) You hereby agree to be billed for all recurring, one-time, and service charges; and
(d) Costs upon the upgrade of any current plan, package, or performing add-on service requests will be automatically billed for payment.
Section 5: Liability of Taxes
Colletti Tech shall not be liable for any taxes and fees related to purchases made on behalf of the customer. Customer hereby accepts full liability of all taxes and fees of any nature associated with products or services sold using or with the aid of services provided to Customer by Colletti Tech.
Section 6: Responsibility of Customer
Customer is responsible to provide all phones, devices, computers, licenses, software, hardware, and other such similar necessary to access hosting services. Additionally, you may directly purchase select devices, licenses, hardware, software, and services from Colletti Tech. You acknowledge that Colletti Tech makes no representations, warranties, or assurances that customer equipment will be compatible with our services.
Section 7: Materials of Customer
Any material (collectively “data”, “files”, “licensing”, “software” or such similar) the Customer provides to Colletti Tech in connection with services shall be in a form requiring no additional manipulation on the part of the host. Colletti Tech 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. Colletti Tech in its sole discretion, may reject any application, content, data, file, license, software or material that a customer has placed or requested to be placed on hosting servers. You hereby agree that Colletti Tech shall have no obligation to provide notice to you of our refusal or provide the opportunity to amend the material to meet the requirements. Failure to correct any material as directed by the Host within a reasonable time, shall be a breach and constitute the termination of this agreement.
Section 8: Abuse of Systems
Harassment by any electronic media, whether through language, frequency, or size of messages, is prohibited. Customer may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving communications, Client must not send that person any further Email. Customers are explicitly prohibited from sending unsolicited bulk e-mail messages (classified as “phishing”, “junk” or “spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it. Malicious email, including but not limited to “mail bombing” (flooding a user or site with very large or numerous pieces of email) is prohibited. Forging of header or any other information is not permitted. Subscribing someone else to an Email list or removing someone else from a mail list without that person’s permission is prohibited. Hosting services may not be used to collect replies to messages sent from another Internet Service Provider if those messages violate this Agreement or any policy of third-party provider.
Section 9: Violations of Security
You are hereby prohibited from attempting to exploit or violate the security of all systems. Any violation of our systems or networks shall result in the immediate termination of this agreement and the cancellation of your account. Colletti Tech will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. These violations include, however without limitation:
(a) Accessing any user account, data without valid permission, and system function which is not intended or entitled for your access;
(b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization;
(c) Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading (collectivity “DDoS”, “flooding,” “bombing,” or “crashing”);
(d) Forging any part of the TCP or UDP packet or information in any electronic communication;
(e) Forging your identity, by spoofing of unique identifiers;
(f) Taking any action or obtaining to which you are not entitled;
(g) Taking any action which results in damage of any nature to hardware, networks, software or such; and
(h) Any violation as defined, pursuant to the Security Policy of Colletti Tech.
Section 10: Prohibited Use
You hereby certify and represent to Colletti Tech that your use of our services shall be for only its intended purposes only. Additionally, you hereby agree that your account and associated services shall not be transfer to a third-party or used for misappropriation. Any use that is prohibited use shall result in the cancellation of your account and services.
Section 11: Release of Liability; No Warranty; Limitation of Damages
Customer agrees that all services provided by Colletti Tech shall be “as is” and at your own risk. Host will exercise no control over the content of the information passing through the network except those controls expressly provided herein:
(a) Host typically maintains ninety percent up-time for its hosting servers. If up-time of a server falls below such percent during any term, Colletti Tech shall have no liability of any kind for any damages or loss resulting in consequence of such downtime or unavailability;
(b) Colletti Tech does not represent or warrant, expressly or implicitly, that services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement;
(c) Colletti Tech, its members, agents, assigns, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use 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 records, programs, or services; or
(d) Colletti Tech makes no warranties or representations of any kind, express or implied, for the services it is providing and hereby disclaims any warranty of the merchant ability or fitness for a purpose and will not be responsible for any damages that may be suffered by Customer, including any loss resulting from delays or non-deliveries.
Section 12: Use of Intellectual Property
Except for rights expressly granted herein, this agreement does not transfer any intellectual, other property or proprietary right to the customer. As follows:
(a) Customer agrees that all rights, title, and interest in any service provided to you belongs to Colletti Tech; and
(b) Customer certifies and warrants to Colletti Tech that they have the right to any patented, copyrighted, or trademarked material which the Customer uses or otherwise transfers to provisioned servers.
Section 13: Termination of Agreement
If either party terminates this agreement, Colletti Tech shall not be required to refund any portion of the remaining term paid in advance and Customer agrees to be automatically billed for all outstanding charges owed to Colletti Tech upon termination. Additionally, Colletti Tech shall not backup data, email, or any data from such services upon termination of this agreement. This agreement may be terminated as follows:
(a) Customer may terminate this Agreement at any time, for any reason, by contacting Colletti Tech, either by postal mail, phone, or email, and requesting that the account be canceled; or
(b) Colletti Tech reserves all rights to terminate this Agreement at any time. Additionally, this agreement may be terminated for Customer payment delinquency, chargeback of payments, abuse of systems, violation of security, or the breach of the terms and conditions of this or any agreement as they may exist from time-to-time.
All obligations of the Customer set forth in this Agreement shall survive termination of this Agreement.
Section 14: Denial of Use; Refusal of Service
Colletti Tech shall reserve all rights to refuse service to any person, or a third-party that we knowingly is providing our service to such person denied use. You hereby expressly certify, represent, and warrant that upon use of any service or product that you are eighteen years of age or older.
Section 15: Agreement of Indemnification
You hereby agree to defend, indemnify, and hold harmless Colletti Tech from any and all demands, liabilities, losses, costs, and claims, including reasonable legal fees, asserted against Colletti Tech, its officers, members, employees, assigns, agents and affiliates that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, or its agents, employees, or assigns. Client further agrees to defend, indemnify, and hold harmless Colletti Tech against liabilities arising out of:
(a) Any liability to Colletti Tech arising by any use of services rendered by Customer for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation governing use of Email or the Internet;
(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with services provided to Customer;
(c) Any material supplied by you infringing or allegedly on the property or proprietary rights of a third party;
(d) Copyright, trademark infringement, or violation of intellectual property rights of any other party;
(e) Arising out of your use of or inability to use this website, products, or services; and
(f) Any defective product which Customer sold or distributed by means of services.
Customer hereby agrees that Colletti Tech shall have no liability for any claim, nor for any cause as written within the terms of this or any other agreement. Furthermore, as expressly agreed, Colletti Tech shall have no obligation to provide a refund for any product or service, nor reimbursement of any incurred attorney fees and court costs.
Section 16: Fees of Attorneys
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
Section 17: Notices for Account
You agree to keep Colletti Tech informed of your current contact information for any provisioned account. Changes of contact information may be reported to Colletti Tech by email, phone, or postal mail. Furthermore, you consent to receive electronic communications and grant your authorization that all agreements, notices, disclosures, and other communications that we provide to you electronically, by email, website or appropriate medium shall satisfy any legal requirement that such communications be provided in writing. Failure to maintain or keep current all contact information shall be a ground for Colletti Tech to terminate a user account.
Section 18: Enforcement of Agreement
This written agreement shall be enforced by Colletti Tech, which includes but not limited to our subsidiaries, affiliates, successors, vendors, distributors, and assigns. Upon your breach of this written agreement, it may result in our pursuit for relief of damages to the fullest extent.
Section 19: Severability of Provisions
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Section 20: Amendment of Agreement
Amendment of this agreement shall occur upon execution in writing by Colletti Tech.
Section 21: Choice of Law
Conditions and terms written within this agreement, shall be interpreted pursuant to the laws and statues of the County of Montgomery in the Commonwealth of Pennsylvania of the United States of America.
Section 22: Agreement to No Waiver
No waiver by Colletti Tech of any breach by the User of any provision of this agreement shall be deemed a waiver of any preceding or succeeding breach of this agreement. No waiver shall be effective unless it is in writing, and then only to the extent expressly set forth in such writing.
Section 23: Entirety of Agreement
This instrument is the entire agreement, and no oral agreements have been entered with respect to the subject matter of the terms and conditions of Colletti Tech. Unless specified otherwise, this agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and Colletti Tech. Amendment of this agreement shall enforced by Colletti Tech. All agreements, communications, documents, records, or any such related shall be written and transmitted in the Language of English.