Terms of Service
Website Hosting Service Agreement
By using the website hosting services (hereinafter the “Services”), you signify your agreement to the terms and conditions contained in this Website Hosting Agreement (hereinafter, the “Agreement”). This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as “you” or “your” (and appropriate formatives) and Ghostleft LLC (“Ghostleft”, “we”, “us”, and “our”).
Terms and Conditions
Subject to the terms and conditions of this Agreement, Ghostleft will provide Web Hosting services for you, subject to the following terms:
You agree that the Services shall be provided for the term you selected through the Self-Service Portal. Unless you terminate the Services THROUGH THE SELF-SERVICE PORTAL prior to the end of the then extant Services term, you agree that the Services may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be charged to the credit card associated with your account. You agree to hereby waive any requirement which might otherwise be imposed by law which would require that we obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate the Services through the Self-Service Portal. You agree that attempts to terminate the Services other than through the Self-Service Portal (such as by sending an email to a general email address of us) are not reliable means of communication and that such a termination attempt shall not be binding until accepted and acknowledged by us. In relation to renewals, you further agree that it is your obligation to keep the credit card information associated with your account current and that we shall not be obligated to contact you to update such information in the event that the charges are denied.
You acknowledge that email and/or online communication systems (chat, account notices, etc.) will be the primary means of communication between yourself and us. You acknowledge that it is your responsibility to maintain a current email address and physical mailing address in your contact information. You further agree that you will regularly login to your account to obtain any notices posted through the Self-Service Portal. You agree that your failure to respond to a communication from us may result in suspension or cancellation of Services without any refund of prepaid fees, if any.
We will exercise no control whatsoever over the content of the information passing through the network, email, or website.
Proprietary information exchanged hereunder shall be treated as such by you. You further agree to not decompose, disassemble, decode or reverse engineer any program, code, or technology delivered to you or any portion thereof.
These terms and conditions may be modified from time to time. Modifications made to this Agreement will become effective 30 days after the modifications are posted. This Agreement shall be posted through the interface which you use to configure and/or otherwise order the Services (the “Services Interface”). You agree that you will check the terms and conditions periodically and that, if you no longer agree to the terms and conditions of this Agreement, that you will stop using the Services and that you will terminate the Services.
We make no warranties or representations of any kind, whether expressed or implied, for the service it is providing. We also disclaim any warranty of merchantability or fitness for any 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 errors or omissions. Use of any information obtained by way of Ghostleft is at your own risk, and Ghostleft specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection.
Unplanned Service Interruptions
You agree that any unplanned or unannounced interruptions in the Services shall not require a remedy unless such unplanned or unannounced interruptions exceed 24 hours in any 30 day period, in which case you agree that the exclusive remedy shall be a credit toward 24 hours of hosting for each 24 hour period of unplanned or unannounced interruptions, and that such credit shall exclusively be applied against the fees owed for your next period of hosting, if any, or shall be exclusively be accomplished by adjusting the end of your then-current Service term.
Trademarks and Copyrighted Material
You warrant that you have the right to use any applicable trademarks or copyrighted material used in connection with this service.
Transfer of Agreement
You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Ghostleft.
If legal proceedings are commenced to resolve a dispute arising out of or relating to this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
You shall indemnify and hold Ghostleft LLC harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Ghostleft directly or indirectly arising from or in connection with you marketing or support services of the product or services, or the unauthorized representation of the product and services, or any breach of this Agreement by you.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the United States District Court for the District of Colorado, or if there is no jurisdiction in such court, then in a state court in Denver County, Colorado, United States.
A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
Each party represents and warrants that it is authorized to enter into this Agreement in its entirety.