This terms of service agreement ("Agreement") sets forth the terms and conditions of your use of SAASHOST.net, LLC products and services (individually and collectively "Service" or "Services"). Your use of the Services signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement, along with the following policies and agreements, which are incorporated herein by reference:
SAASHOST.net, LLC, in its sole and absolute discretion, may change or modify this Agreement and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to our web site (www.saashost.net) ("Site"). You acknowledge and agree that (i) we may notify you of such changes or modifications by posting them to the site, and (ii) your use of the Services after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this Agreement) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Services and immediately notify us of this termination.
You will use the Services only for your own internal business or personal purposes and will not sell or otherwise provide, directly or indirectly, any of the Services to any third party. Use of third party software and documentation is subject to the terms and conditions of the applicable license agreements of SAASHOST.net, LLC and the third party licensors. We make no representations or warranties regarding any third party software and we intend that the warranty and liability limitations provided herein are incorporated as to the third party software and documentation. You also acknowledge that the Services and the source code contain valuable proprietary information and trade secrets of SAASHOST.net, LLC and its third party licensors. You may not permit any third party to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from us.
This Agreement shall commence on the date Services are provisioned and shall be a month to month term unless you opt for a prepaid yearly contract.
To terminate Services a cancellation request must be submitted in writing. All outstanding fees must be paid in full prior to cancellation of the account. Termination, by you or us, does not release you from any past or current fees owed for Services rendered through the termination date. We reserve the right, in our sole discretion, to terminate your access to any or all of the Services or any portion thereof at any time, without notice. We have no obligation to maintain any content or forward any unread or unsent messages to you or any third party.
www.saashhost.net Page 2 of 7 408-351-5630 Upon termination, we have no obligation to continue to hold, export, or return your data and you acknowledge and agree that we are not liable for the deletion of your data under this Agreement. You are responsible for securing or maintaining your data prior to termination. Software supplied by SAASHOST.net, LLC must be uninstalled immediately upon termination and your domain cannot be placed back onto our network for a minimum of 90 days.
If a particular Service requires you to open an account, you must complete the registration process by providing SAASHOST.net, LLC with current, complete, and accurate information as prompted by the applicable registration form. Your current contact, billing, and other information must be provided and updated at all times.
The Services are accessed by use of passwords. You will receive generated passwords or choose your own passwords for the Services. You are entirely responsible for maintaining the confidentiality of your password and account information. Further, you are responsible for any and all activities that occur under your account. For security purposes, we cannot supply passwords. We may reset passwords after verifying your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else obtaining your password or account, either with or without your knowledge.
By using the Services, you are representing and warranting that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. As a condition of your use of the Services, you will not use the Services for any purpose or in any manner that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner which could damage, disable, overburden, or impair our network or interfere with any other person’s use and enjoyment of the Services. You may not attempt to gain unauthorized access to the Services, other accounts, computer systems or networks connected to us, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through us. You are liable for the content of the data passing through our network or Services and for all actions performed by the use of the Services including that which may be illegal, obscene, defamatory, threatening, or that may violate particular trademark or copyright laws and rights.
You agree it is your responsibility to obtain access to the Services and that no equipment (e.g. computer hardware) or internet access will be provided to you by us. You are responsible for informing us of any changes to email addresses, contact information, and billing details to ensure receipt of notifications and invoices. www.saashhost.net Page 3 of 7 408-351-5630
The fees associated with the Services provisioned are effective once the registration form is completed unless the account is terminated within the 30 day trial period. Provisioned Services are invoiced on a recurring basis at the rates set forth on the Site or on the Control Panel at the time of provisioning. You will receive 60 days prior notice of any increase or decrease in such fees.
The individual agreeing to the Services is personally liable for any and all non-payment by you. Any Services enabled by request or in the Control Panel are billable and cannot be refunded due to user negligence. The person assenting to this Agreement also assumes all fees associated with non-payment.
a. Month to Month. The default payment term is monthly where you will be billed on the 1st of each month for any Services enabled in the month prior to the invoice unless canceled within the first 30 days of opening an account with us.
b. Yearly. Yearly payments are non-refundable. There are no refunds for a pre-paid yearly term unless you notify use of your desire to cancel within the first 30 days. If you make any changes to your account, the additional Services will be billed on a prorated basis for 12 months so that all pre-paid yearly billing occurs on a single invoice.
Payments must be remitted in USD currency by one of the following methods:
a. Credit Card. Fees that you incur for the Services will be charged to the credit card number you provide during registration. If this credit card number expires or if we are otherwise unable to debit valid charges to this credit card, we will notify you of the problem and reserve the right to terminate your access to the Services within 30 days of such notice unless you provide us with an alternative method of payment acceptable to us, within our sole discretion, within the 30 day period.
b. Check. Fees that you incur for the services must be received within 10 days after the end of the calendar month in which the Services are provided. Partial payments will not be accepted. Checks that are not the full amount of the invoice due will be automatically shredded for security purposes and you will be notified of the rejection and non-payment.
Other fees assessed on a one-time or as-needed basis are as follows:
a. Set up. If a set up fee is associated with any service this fee is due on the invoice following the set up of the Service.
b. Professional Services Fees. These fees are determined based on the services rendered. Once the initial quote is agreed to by you, payment must be remitted before the services will be performed. E.g. restoration of deleted mailbox.
c. Late Fees. Invoices that are unpaid within 10 days will incur a $5 late fee. If the entire balance is not paid within 30 days the account may be suspended.
d. Returned Check Fees. Accounts with returned checks will be assessed with a $50 late fee or the highest fee permitted by law. If the balance is not paid within 30 days the account will be suspended. www.saashhost.net Page 4 of 7 408-351-5630
e. Administrative Fees. These fees may be assessed when we incur expenses or expend resources based solely on you and not on the entire User base. E.g. Fees incurred if an unpaid balance must be sent to a third party collection agency.
f. Interest on Unpaid Balances. Any unpaid balance shall accrue interest at the rate of 1 1/2 percent per month, compounded monthly, or the highest interest rate permitted under the law. This rate shall apply for both pre and post judgment balances.
If an account balance is overdue, the Services will be automatically suspended. This suspension entails being locked out of all hosted services and the Control Panel. In order to lift the suspension, any outstanding balances must be paid in full along with late fees, and a reactivation fee of $5. Unpaid balances will be set to a third party collection agency after 60 days past due date and an additional administrative fee will be assessed.
All billing discrepancies and disputes must be provided in writing along with a spreadsheet detailing invoiced charges juxtaposed against charges on the credit card statement. Application of credits or refunds can only be done within 90 days of the invoice disputed. Any disputes after 90 days will not be considered without home-office approval and the assessment of an administrative fee.
You agree we may immediately terminate any Service which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $3.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Services.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", "ERROR-FREE OPERATION", AND "WITH ALL FAULTS" (EVEN IF CREATED BY THE INTERNATIONAL SALE OF GOODS CONVENTION). SAASHOST.NET, LLC, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT (EVEN IF CREATED BY THE INTERNATIONAL SALE OF GOODS CONVENTION). SAASHOST.NET, LLC, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OF COMPLETENESS, OR CONTENT OF THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
www.saashhost.net Page 5 of 7 408-351-5630 IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY SAASHOST.NET, LLC, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR USE OF THE SERVICES.
IN NO EVENT SHALL SAASHOST.NET, LLC, ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AGENT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (III) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, OR OTHER INFORMATION AND DATA STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF SERVICES TO THE USER, (VI) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM YOU WHILE USING THE SERVICES, (VII) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, "X-RATED", OBSCENE OR OTHERWISE OBJECTIONAL, AND/OR (VIII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SAASHOST.NET, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SAASHOST.NET, LLC’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION FOR THE PRECEDING TWELVE MONTH PERIOD.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SERVICES.
You agree to protect, defend, indemnify, and hold harmless SAASHOST.net, LLC, its officers, directors, managers, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities, and damages of every kind and nature (including, without limitation, reasonable attorneys fees) imposed upon or incurred by SAASHOST.net, LLC directly or indirectly arising from (i) your use of and access to the Services, (ii) your violation of any provision of this Agreement, and/or (iii) your violation of any third party right, including without limitation any intellectual property or other right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services. www.saashhost.net Page 6 of 7 408-351-5630
This Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Florida, whichever is applicable, without regard to conflict of laws principles.
You agree that any action relating to or arising out of this Agreement shall be brought in the state court of Pinellas County, Florida and the federal court of the Middle District of Florida, Tampa Division. You hereby consent to and waive all defenses for lack of personal jurisdiction and forum non conveniens with respect to jurisdiction and venue in the state court of Pinellas County, Florida and the federal court of the Middle District of Florida, Tampa Division, including both pre and post judgment depositions.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
Successors and Assigns Nothing in this Agreement shall be deemed to confer any third party rights or benefits. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
If a court of competent jurisdiction holds any provision (or a portion thereof) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portion thereof) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Each covenant and provision in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret this Agreement.
You are not acquiring a copyright, patent, or other intellectual property right in any Service, software, specifications or materials, or in any data, customizations, enhancements, changes, or work product related thereto. Any intellectual property rights that existed prior to this Agreement’s effectiveness shall belong solely to the party owning them at that time. Neither party shall be entitled to any copyright, trade secret, or patent of the other party. You shall not alter, obscure, or revise any proprietary, restrictive trademark, or copyright notice included with, affixed to, or displayed in, on or by a Service or materials.
Our Services are subject to export controls under applicable law. Accordingly, you shall: (i) remain in compliance with all requirements associated with these laws; (ii) cooperate fully with any audit related to these laws; and (iii) not utilize our Services in any country that is embargoed by the United States government. User shall be solely responsible for the importation of our Services, including obtaining any www.saashhost.net Page 7 of 7 408-351-5630 approval or permit necessary for importation or use. User represents that neither User, nor any of its directors, officers, agents, employees, or other persons associated with or acting on its behalf: (i) have received or will receive any unlawful contribution, gift, entertainment, or other payment from us; (ii) is a governmental entity; or (iii) is in violation of, or will violate any applicable anti-corruption or anti-bribery law. We shall have an irrevocable right to immediately terminate the Agreement or any other relationship with User if this subsection is breached.
We shall not be liable for any loss, damage, or failure due to causes beyond its control, including strikes, riots, earthquakes, epidemics, terrorist actions, wars, fires, floods, weather, power failure, telecommunications outage, acts of God, or other failures, interruptions or errors not directly caused by us.
This Agreement (including all Addenda, Service Level Agreements, and the Site) together with any attachments thereto, constitute the entire agreement and understanding of the parties with respect to its subject matter. All prior agreements, understandings and representations regarding the same or similar services are superseded in their entirety.
Any questions about this Agreement or notices required hereunder should be directed to us by email or regular mail at the following address: SAASHOST.net Legal Department 6570 30th Avenue North St. Petersburg, Florida 33710 firstname.lastname@example.org