Web Hosting. An Internet web hosting service rendered by Provider that includes the installation, maintenance, repair, and the 24 hour Internet connection of one or more shared or physical computers for use by Customer.
Network Transfer. A finite amount of Provider’s network transfer (bandwidth) capability for use by Customer using the Services requested by Customer.
Technical Support. Technical phone and electronic support is provided only to Customer’s authorized Contacts ("Contacts") as listed within Customer’s AccountCenter. Technical Support does not include computer training, software training, or any other general technical or Internet training.
Hosting Resource Utilization : GPU. A GPU is a measurement derived from the CPU time required by every single hit/request made to your (gs) Grid-Service. This includes your web server activity, programs, scripts all associated parent and child processes across all nodes within the system. 1 GPU = 7.24% of 1 CPU for 1 hour. Current GPU allocations are available at http://www.mediatemple.net/webhosting/gs/faq.htm#63.
Hosting Resource Utilization : MySQL. A amount of Provider’s MySQL Server resources for use by application and MySQL code Customer is running inside their (gs) Grid-Service. MySQL Server does not provide a facility to measure individual resource utilization in a shared resource environment. Depending on customer utilization (mt) Media Temple, may place Customer into a MySQL Container at it’s discretion. Current MySQL resource allocations and MySQL Container pricing is available at http://www.mediatemple.net/webhosting/gs/mysql-pool.htm and http://mediatemple.net/webhosting/gs/features/containers.php.
Setup fee. Customer agrees to pay in full the amount of any non-recurring one-time setup fees listed in the Service description prior to any server provisioning, equipment acquisition or installation by Provider.
Recurring fee. Customer agrees to pay any recurring fees listed in the Service description one term in advance each anniversary date.
Domain Registration. New customers may receive a discounted rate for their first domain registration when activating new hosting service. If hosting service is cancelled and customer wishes to retain domain registration service only, customer is required to pay full recurring price for individual domain registration service.
Network Transfer overage fee. Should Customer exceed the total amount of combined network transfer as described in the Service description, Customer agrees that overage fees will apply and be due immediately. Current pricing for bandwidth overage fees are maintained at the following URL: http://kb.mediatemple.net/questions/1659/
Additional Resource Utilization fees. Should Customer exceed the total amount of included hosting resource utilization as described in Service Definitions. Customer agrees that overage fees will apply and be due immediately. Current pricing for additional resource utilization is resource specific and maintained in the AccountCenter and the following Sales FAQ pages; http://www.mediatemple.net/webhosting/gs/faq.htm#63 and http://www.mediatemple.net/webhosting/gs/faq.htm#65.
Term. This Agreement shall be effective as long as Customer or Customer's contacts continue to use Provider's Service. Customer shall pay any applicable federal, state or local use, franchise, excise, sales or privilege taxes, duties, fees or similar liabilities chargeable to or against Provider resulting from the services furnished by Provider.
Acceptable Use . Customer’s use of Provider’s services is further governed by the Provider’s Web Hosting “Acceptable Usage Policy” ("AUP") which promotes safe computing practices. Provider may at its sole discretion change, update and revise the AUP. Notice of change will be sent to the primary email address contacts in Provider’s Customer database. Notification will not be delivered by phone or US Mail. The AUP is maintained at the following URL: http://www.mediatemple.net/company/legal/aup_general.php
Returned Check Policy. If your check is returned by the bank, (mt) Media Temple will notify and bill you for non-payment. A non-sufficient funds/returned check is posted on the account, the account will be interrupted; until the fee is paid off. You must pay certified funds (Make cashier’s check, money order, or other certified funds payable to Media Temple Inc. Include your name, ID#, current address, and phone number on the face of the check,) paypal account or credit card* the original fees plus a $50.00 NSF check fee.
Account Owner. The highest authority of a single specific Account is the Account Owner. Individual Services that are associated with an Account, are controlled by the Account and its Account Owner. The Account Owner is established at the time the Account is created. The details of an Account Owner must be that of a real person. It is not permitted to use fictitious or "fake" names for the details of an Account Owner. Accounts containing fictitious or "fake" names, and contact details that do not reflect the details of a real person may be suspended or terminated without notice.
Transfer. The Account Owner role can be transferred only to an existing Contact on an Account and only with the permission of the current Account Owner. If the Account ownership role is transferred to another Contact, the previous Account Owner is no longer privileged beyond the basic privileges of their new role.
Money Back Guarantee. Details of the "Money back guarantee program" can be found here:
Cancellation. Security measures have been put in place to insure the safe cancellation of all customer related services. In the event that a Service or Account needs to be closed, customers may contact the cancellation desk by phone (877-578-4000) Monday - Thursday 9:00am - 5:00pm. An email confirmation system will be used in conjunction with the AccountCenter to insure that cancellations are legitimate. Requests to close by FAX, or email are not accepted.
Compliance with Law. Customer will use the Services offered by Provider in a manner consistent with all applicable local, state and federal laws and regulations.
Common Carrier. Provider and Customer agree that Provider is solely acting as a common carrier in its capacity of providing services hereunder, is not a publisher of any material or information and has no right to edit or censor the material at the Servers in use by the Customer. Provider is not responsible nor pre-approves any of Customer’s website content. All material submitted by Customer for publication will be considered publicly accessible. Provider does not screen in advance Customer’s material submitted to Provider for publication. Provider’s publication of material submitted by Customer does not create any express or implied approval by Provider of such material, nor does it indicate that such material complies with the terms of this Agreement.
Availability of service. Customer understands and agrees that interruptions of Web Hosting Services may occur due to scheduled maintenance and repair by Provider, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Provider’s control, as defined by standard practices in the industry. Customer agrees that under no circumstances will Provider be held liable for any financial or other damages due to such interruptions. In no event shall Provider be liable to Customer or any other person for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.
Limitation/Disclaimer of Liability. Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider or services its customers may utilize.
DISCLAIMER OF WARRANTIES. PROVIDER’S SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. PROVIDER SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PROVIDER HAS BEEN ADVISED BY CUSTOMER OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PROVIDER’S SERVICE TO CUSTOMER IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PROVIDER SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CUSTOMER TO PROVIDER FOR SERVICES, DURING THE PERIOD OF DISRUPTION OF MALFUNCTION.
Indemnity. (a) Customer agrees to defend, indemnify and hold Provider harmless from and against any and all claims, obligations, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Provider arising from or due to claims made by third parties (including customers of Customer) that are related to or arising out of: (a) false advertising claims against Customer (or customers of Customer), (b) liability claims for products or services sold by Customer (or Customer’s customers) any other transactions between Customer and third parties, or (c) any content or links located on Provider’s website from time to time including, without limitation, content submitted by Customer for publication by Provider
Notwithstanding the foregoing, if You are an agency, instrumentality or department of the federal government of the United States, then this Agreement shall be governed in accordance with the laws of the United States of America, and in the absence of applicable federal law, the laws of the State of California will apply. Further, and notwithstanding anything to the contrary in this Agreement (including but not limited to Section ‘Other’ (Indemnification)), all claims, demands, complaints and disputes will be subject to the Contract Disputes Act (41 U.S.C. §§601-613), the Tucker Act (28 U.S.C. § 1346(a) and § 1491), or the Federal Tort Claims Act (28 U.S.C. §§ 1346(b), 2401-2402, 2671-26722, 2674-2680), as applicable, or other applicable Federal statutes.
Force Majeure. Provider shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts , power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, riots, wars; or strikes, lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
Liability of Customer. Any mistakes, accidents, omissions, interruptions, delays, errors or defects in transmission or Service which are caused or contributed to, directly or indirectly, by an act or omission of the Customer or by the use of Customer-provided facilities or equipment, or by the use of facilities or equipment furnished by any other person using Customer’s facilities which are connected to Provider’s facilities, shall not result in the imposition of any liability upon Provider and Customer shall pay to Provider any reasonable costs, expenses, damages, fees or penalties incurred by Provider as a result thereof, including costs of local exchange company, labor and materials.
Nondisclosure. Provider and Customer shall use their best efforts to keep the provisions (including price) of the Agreement from the public, competitors, or others who may gain benefit from such knowledge unless required by law to divulge such information to regulatory authorities or unless required in connection with enforcing that party’s rights hereunder.
Governing Law/Venue. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of the Agreement shall be in the state or federal courts in Los Angeles County, CA and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Media Temple or any of its employees or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.
Relationship of the Parties. The parties intend that an independent contractor relationship will be created by this Agreement, and that no additional partnership, joint venture or employee/employer relationship is intended – unless otherwise specific in a special agreement.
Taxes. If any federal, state or local governmental entity with taxing authority over the services provided under this Agreement imposes a tax directly on the services provided by Provider to Customer under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Provider may pass the direct amount of such cost on to Customer, and Customer shall promptly pay such cost.
Waiver. Any party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
Attorneys’ Fees. If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.
Notices . Any notice under this Agreement may be e-mailed, delivered personally or mailed by registered mail to the addresses written below, or to such other places as the parties may designate in writing.
Data Back-up. Customer is responsible for independent backup of data stored on Provider’s servers; unless the Customer’s Web Hosting Service Order includes backup services in which case data backup will be performed under the terms of the specific data backup plan chosen by Customer.
Domain Names. Throughout the course of service rendered to Customer by Provider, Customer will remain the full owner and controlling entity for the Customer’s established domain name. Registration and modification of domain name status, including name server location is handled by independent domain name registrars.