Hosting Terms and Agreements

BAILEYpc, Inc. Web Site and Shared Server Hosting Service Agreement

This Web Site and Shared Server Service Agreement ("Agreement") is by and between BAILEYpc.com ("BAILEYpc, Inc."), a/an California Corporation, and you, your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of BAILEYpc, Inc.'s Web Site and Shared Server services (collectively, the "Services") and represents the entire agreement between You and BAILEYpc, Inc. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which BAILEYpc, Inc. may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with BAILEYpc, Inc., whether or not the transactions were in Your behalf. You acknowledge that BAILEYpc, Inc.'s acceptance of any application made by You for services provided by BAILEYpc, Inc. will take place at the Corporation for offices located in San Diego, California, USA. In the event that You are using managed hosting, You further acknowledge and agree that as adequate consideration for BAILEYpc, Inc. providing You with the Services at no cost to You, BAILEYpc, Inc. shall have the right to refuse, modify, and adjust time allowed for such updates on Your web site. The updates shall be based upon BAILEYpc, Inc.’s business hours and/or availability which may include, but are not limited to, business hours and availability. If You do not desire that such updates are conducted on Your web site, then You are still bound to purchase the Services at BAILEYpc, Inc.'s current rates.

1. Description of Service

BAILEYpc, Inc. currently provides the Services to its customers for a monthly fee. BAILEYpc, Inc. will host Your web site on BAILEYpc, Inc.'s Shared Hosting Services servers, provided, however, You abide by the terms and conditions set forth herein and in each of BAILEYpc, Inc.'s policies and procedures.

License of Your website content

BAILEYpc, Inc. grants to You, and You accept from BAILEYpc, Inc., a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your website content in connection with BAILEYpc, Inc.'s performance or enforcement of this Agreement.

Availability of Services

Subject to the terms and conditions of this Agreement, BAILEYpc, Inc. shall attempt to provide the Services for twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that BAILEYpc, Inc. may undertake from time to time; or (iii) causes beyond the control of BAILEYpc, Inc. or that are not reasonably foreseeable by BAILEYpc, Inc., including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures. You agree that BAILEYpc, Inc. has no control of availability of the Services on a continuous or uninterrupted basis.

Service Availability Guarantee.

BAILEYpc, Inc. offers a service uptime guarantee for the Services of 99.9% ("Service Uptime") of available time. If BAILEYpc, Inc. fails to maintain this level of service availability, You may contact BAILEYpc, Inc. and request a credit of 5% of Your monthly hosting fee from BAILEYpc, Inc. for that month. The credit may be used only for the purchase of further products and services from BAILEYpc, Inc., and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by (i) periodic scheduled maintenance or repairs that BAILEYpc, Inc. may undertake from time to time; (ii) errors caused by You from custom scripting or coding; (iii) outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email; (iv) causes beyond the control of BAILEYpc, Inc. or that are not reasonably foreseeable by BAILEYpc, Inc. ; and (v) outages related to the reliability of certain programming environments. Total Service Uptime shall be solely determined by BAILEYpc, Inc. and shall be calculated on a monthly basis.

FTP Backup

BAILEYpc, Inc. may offer additional features and add on services such as a FTP Backup option. You acknowledge and agree that purchasing such additional features and add on services may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, You shall be subject to a maximum disk usage and bandwidth usage as identified by BAILEYpc, Inc.. Subject to the terms and conditions of this Agreement, BAILEYpc, Inc. shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the FTP Backup services may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that BAILEYpc, Inc. may undertake from time to time; or (iii) causes beyond the control of BAILEYpc, Inc. or that are not reasonably foreseeable by BAILEYpc, Inc., including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

Web Site Content

You shall be solely responsible for providing, updating, uploading and maintaining Your website and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services. Notwithstanding anything in this Agreement to the contrary, in the event You are using managed hosting, in no event shall Your web site consist of the following: search results, registration, "thank you", error, email or chat pages, pages comprised primarily of other advertising or pages that contain any of the following types of content: pornographic, obscene or excessively profane content or content intended to advocate or advance computer hacking or cracking, gambling, illegal activity, drug paraphernalia, hate, violence or racial or ethnic intolerance.

SSL Certificates

Any SSL certificate You purchase from BAILEYpc, Inc. or its affiliates to use in conjunction with the Services provided by BAILEYpc, Inc., is intended for its specific use as described in the Subscriber Agreement and will not be exported from the Shared Server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by BAILEYpc, Inc., BAILEYpc, Inc. will generate and securely store a corresponding private key.

For security reasons, at no time will BAILEYpc, Inc. release Your private key, even if You request it. If You wish to export Your SSL certificate for use on a non BAILEYpc, Inc. server, You will need to make a request to BAILEYpc, Inc. no earlier than 30 days after Your initial SSL subscription began. After Your account with BAILEYpc, Inc. has been canceled, You will have thirty (30) days to follow the Starfield Secure Certificate Registration Process and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.

Information Shared with Partners

As a condition of purchasing and using the Services, You acknowledge and agree that BAILEYpc, Inc. may provide Your personal information to their partners, as required to provide the plans for which You are purchasing.

2. Your Obligations

You acknowledge and agree that BAILEYpc, Inc. shall have the right to seek justification in connection with Your use of the Services, specifically Your purchase of IP addresses, and that You shall be obligated to provide any and all information reasonably sought by BAILEYpc, Inc. pursuant to such justification. You acknowledge and agree that You are required to begin using at least ninety percent (90%) of Your purchased IP addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do not begin using at least ninety percent (90%) of Your assigned IP addresses, You acknowledge and agree that BAILEYpc, Inc. shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois.

Upon the expiration of Your initial hosting service term, Your hosting service shall automatically renew for the same period of time and Your payment method shall be charged for the renewal term on the renewal date. If for any reason your automatic renewal fails, has been suspended, canceled, or denied by You your site will automatically suspend and become inaccessible. Payment types in the order of checks, money orders, and any/all non-electronic methods will receive a prior 30 day electronic email notification of service renewal due date to the email address provided on the date of established services. If for any reason payment is not received and/or without prior written notice for delays including NET 30 payment agreements, the account in question will automatically be suspended until receipt of payment. BAILEYpc, Inc. also reserves the right to refuse on-going hosting service to such account for lack of payment beyond the 30 days service expiration. You acknowledge and agree that in the event You do not desire to automatically renew or provide payment for Your hosting services, it is Your responsibility and obligation to access Your account manager prior to expiration and/or suspension and obtain all hosted materials and manually turn off the default renewal. It is not BAILEYpc, Inc.’s responsibility or liability for lost materials and/or data including databases post account suspension. Your failure to make payment beyond the 30 day allotment to BAILEYpc, Inc. and Your elect to not renew on a month to month or yearly basis shall be deemed acknowledgement by You the cancellation of hosting terms and services.

You represent and warrant to BAILEYpc, Inc. that: Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your website content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site. You also warrant that the web site being hosted by BAILEYpc, Inc. will not be used in connection with any illegal activity.

If You are hosting Your web site on BAILEYpc, Inc.'s servers, You are responsible for ensuring that there is no excessive overloading on BAILEYpc, Inc.'s DNS or servers. In the event that You exceed Your allotted bandwidth or disk space and thereby overload BAILEYpc, Inc.'s DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use BAILEYpc, Inc.'s servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and BAILEYpc, Inc. reserves the right to remove sites that contain information about hacking or links to such information. Use of your web site as an anonymous gateway is prohibited. BAILEYpc, Inc. prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by BAILEYpc, Inc. You agree that BAILEYpc, Inc. reserves the right to remove Your web site temporarily or permanently from its Shared Servers if BAILEYpc, Inc. is the recipient of activities that threaten the stability of its network. Further, if You are using ad-supported hosting, You acknowledge and agree that BAILEYpc, Inc. has the right to terminate Your Services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement.

You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, BAILEYpc, Inc., in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than BAILEYpc, Inc.'s standard STMP relay limit; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by BAILEYpc, Inc. to be in conflict with the spirit or intent of this Agreement or any BAILEYpc, Inc. policy; or (ix) use Your server as an "open relay" or similar purposes.

BAILEYpc, Inc. prohibits the running of a public recursive DNS service on any BAILEYpc, Inc. server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. BAILEYpc, Inc. actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.

Storage and Security

At all times, You shall bear full risk of loss and damage to your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree that you are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your web site content; (ii) maintain independent archival and backup copies of Your web site content; (iii) ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on BAILEYpc, Inc. servers; and (iv) ensure the confidentiality of Your password. BAILEYpc, Inc.'s servers and virtual dedicated services are not an archive and BAILEYpc, Inc. shall have no liability to You or any other person for loss, damage or destruction of any of Your content. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in BAILEYpc, Inc.'s sole discretion, that shall impair the functioning or operation of BAILEYpc, Inc.'s Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as a repository or instrument for placing or storing archived files and/or material that can be downloaded through other web sites.

In the event You terminate, moving your web site off of the BAILEYpc, Inc. Shared Servers is Your responsibility. BAILEYpc, Inc. will not transfer or FTP Your web site to another provider. In the event Your use of the Services is terminated, BAILEYpc, Inc. will not transfer or manage Your Services or Your website content.