(Salient Interactive Solutions d.b.a.)
Salient Hosting Web Hosting and Domain Name Service Agreement
This Web Hosting and Domain Name Service Agreement ("Agreement")
is made between (Salient Interactive Solutions d.b.a. ) Salient Hosting, a Georgia
corporation having an address of P.O. Box 5550, Macon, Georgia 31208,
Bibb County hereinafter referred to as "Salient Hosting" and any
and all persons, organizations, and entities having submitted billing information
or otherwise on the Salient Hosting order form hereinafter referred to as "Customer".
Submission of the order form as stated above or use of the Salient Hosting
network indicates that you have read this Agreement and agree to be bound
by this Agreement, the fee schedule and updates to this Agreement as posted
on Salient Hosting's web site from time to time. The parties hereto agree
and bind themselves as follows:
1. SERVICES: Salient Hosting shall sell, and Customer shall purchase Web
Hosting Services and/or Domain Name Registration services, along with email
support services, for the purpose of hosting a domain or web site on the
Internet. Salient Hosting shall provide the following services:
a. Salient Hosting shall provide a copy of the Web Hosting Software for
use by Customer on the server. The provision of such software does not constitute
any transfer of ownership of the software to Customer. Customer acknowledges
that Salient Hosting may from time to time, as it deems necessary, upgrade,
replace, remove or substitute software at its sole discretion.
b. Salient Hosting shall provide disk space on the server containing the
Web Hosting Software and connection through one or more links and nodes
to the Internet ("Salient Hosting network".) Salient Hosting shall
have total discretion as to the physical location of the server as well
as the software running on the server.
c. Salient Hosting shall provide technical support to Customer via electronic
mail as necessary and will exercise reasonable care to ensure the proper
operation and accessibility of the server over the Internet.
2. CUSTOMER: Customer agrees to comply with all applicable laws of the state
of Georgia, the United States of America, all international laws and treaties,
and the laws of the jurisdiction in which the Customer is located with regard
to the transmission and use of information and content over the Internet
or otherwise involving the Salient Hosting network.
a. Customer further agrees not to use the Internet service for illegal purposes,
to interfere with or disrupt other network users, network services or network
equipment. Customer shall be liable for and shall indemnify and defend Salient
Hosting from and against any claims in anyway arising from or related to
(i) the alleged infringement of patent, trademark, design, copyright or
any other intellectual property rights in relation to the Customer's use
of the services and (ii) Customer or inclusion of any information, photographs,
art work or other content (including without limitation claims based on
invasion of privacy, right of publicity, the Communications Decency Act
of 1996, obscenity or pornography, and the violation of any statutes or
ordinances or other laws).
b. Customer understands that Internet use, and related products and services
provided under this Agreement, may require registration and related services
that are public in nature.
3. RESPONSIBILITY OF CUSTOMER REGARDING END-USER: Customer agrees to certain
responsibilities regarding End-users of Web Hosting Service.
a. "End-user" shall mean an individual who (1) provides at least
his or her first and last name and email address to Customer for the purpose
of accessing the Salient Hosting Network or (2) has access via the Customer
to any portion of the Salient Hosting network.
b. Customer shall cause each End-user to be legally bound by Domain Name
Dispute Policy, a copy of which is available by requesting in writing to
Salient Hosting P.O. Box 5550, Macon, Georgia 31208. Customer shall
not amend the Dispute Policy in any way that is unfavorable to Salient Hosting.
c. Customer agrees to perform due diligence in preventing fraudulent transactions
made by End-users on Salient Hosting.
d. Customer is responsible for all End-user customer support, billing, and
collections. Salient Hosting's relationship under this agreement is solely
e. Customer shall prevent end-user from using Salient Hosting's company
name, logo, trademarks or service marks, without the prior written consent
of Salient Hosting.
f. Customer shall ensure that end-user complies with
section 4 of this agreement.
4. WEB SITE CONTENT: All services provided may be used for lawful purposes
only. Transmission, storage, or presentation of any information, data or
material in violation of any United States Federal, State or City law is
prohibited. This includes, but is not limited to: copyrighted material,
material Salient Hosting judges to be threatening or obscene, or material
protected by laws governing trade secrets or any other statutes. Salient
Hosting will be the sole arbiter of violations to this provision. Customer
agrees to accept Salient Hosting's determination of content as final and
authoritative. Customers in violations of these provisions may be immediately
deactivated and shall not receive a refund. The following restrictions apply
to all sites hosted by Salient Hosting:
a. Pornography and sex-related merchandising is prohibited on all Salient
Hosting servers. This includes sites that may infer sexual content, or links
to adult content elsewhere.
b. Sites that promote any illegal activity, pirated software, Hacker programs
or archives, Warez sites, or present content that may be damaging to our
servers or any other server on the Internet are prohibited, as are any links
to any such site or materials.
c. Spamming, or the sending of unsolicited e-mail, from Salient Hosting
servers or using an e-mail address or domain that is maintained on our machine
as reference is STRICTLY prohibited. Salient Hosting will be the sole arbiter
as to what constitutes a violation of this provision.
d. Using Spam as an advertising method for sites hosted on Salient Hosting
is strictly prohibited.
e. Salient Hosting may allow programs to run continually in the background.
These are considered on a case-by-case basis and an extra charge will be
incurred based on system resources used and operational maintenance needed.
Customer must contact Salient Hosting via firstname.lastname@example.org prior
to running any background programs.
f. IRC and IRC bots are prohibited.
g. Gaming, betting, gambling and casino sites are prohibited.
5. PRICING: Customer shall pay Salient Hosting for the initial term and
any renewal thereof at Salient Hosting's prevailing rates at the time the
term or renewal begins.
6. PAYMENT: Payment shall be made to Salient Hosting in US dollars by check,
money order or credit card. Checks should be made payable to "Salient
Hosting". Payments shall be sent to Salient Hosting at P.O. Box 5550, Macon, Georgia 31208 or at such other address as indicated by Salient Hosting.
a. Customer agrees to contact Salient Hosting by emailing email@example.com
prior to initiating a chargeback. Chargebacks received for an account may
result in suspension of service until account has been reviewed and approved
by Salient Hosting.
b. Payments made with credit cards that do not have the card owner's permission
will not be accepted. Customer's account shall be immediately disabled and
may be deleted at Salient Hosting's discretion. Salient Hosting shall be
the sole and final arbiter of whether proper authorization was given for
7. PAST DUE POLICY: Salient Hosting must receive Customer's payment by the
due date indicated on the Customer's invoice or the Customer and End-user
will be denied access to the Salient Hosting network. If Customer fails
to make payment within 30 days of invoice date, Customer shall be permanently
removed from the Salient Hosting network without notice. All overdue accounts
shall incur a 10% interest charge.
8. MONEY-BACK GUARANTEE: If Customer terminates account according to this
Agreement within 30 days of beginning of the initial term, a full refund
will be given for all hosting services. Refunds will only be given for the
initial term of this agreement. Domain name registration fees will not be
refunded for any reason. Refunds will not be given if Customer or End-user
is in violation of this Agreement or is terminated because Salient Hosting
deemed them a threat to the network.
9. EFFECTIVE DATE AND TERM: The Effective Date of this Agreement shall be
the date the Customer acknowledged this Agreement. The term of this agreement
shall be that term specified by the customer on the order form located at
http://www.Salient Hosting.com/orderform.html at the time the order is placed.
The term shall be automatically renewed, providing that neither party has
provided the other party with a written notice not to renew for the forthcoming
term. Customer must cancel service using the Cancel Domain Form in their
control panel. Notice not to renew by either party must be given at least
seven (7) days prior to the expiration of the term.
10. TERMINATION: In addition to the other provisions of this Agreement,
Salient Hosting reserves the right to suspend and/or terminate customer
without notice at any time. Upon the expiration or termination of this Agreement
for any reason, Customer shall:
a. Immediately inhibit all access to Salient Hosting through the Customer's
b. Discontinue all uses of Salient Hosting trade names or Marks.
11. TRADEMARKS AND SERVICE MARKS: Customer shall not make any use of Salient
Hosting's company name, logo, trademarks or service marks, without the prior
written consent of Salient Hosting. When such permission is granted by Salient
Hosting, Customer shall only use such company name, logo, trademarks, and
service marks in the manner and for the period agreed to by Salient Hosting.
12. DOMAIN NAME DISPUTE POLICY: All domain names registered, modified, or
renewed through Salient Hosting by Customer or End-user are subject to the
Uniform Domain Name Dispute Resolution Policy ("Dispute Policy")
a copy of which is available by requesting in writing to Salient Hosting
P.O. Box 5550, Macon, Georgia 31208. Dispute Policy may be revised by
Salient Hosting from. Any such revisions shall be posted on the Salient
Hosting web site and shall be effective as of the day of such posting. The
Dispute Policy shall remain effective beyond the term of this Agreement
and shall include the entire term for which the Customer's domain name is
13. TAXES: Customer shall be responsible for and pay all taxes based upon
the use of Salient Hosting, or the program storage media, or upon payments
due under this Agreement including, but not limited to, sales, use, or value-added
taxes, duties, withholding taxes and other assessments now or hereafter
imposed on or in connection with this Agreement or with any sublicense granted
hereunder, exclusive of taxes based upon Salient Hosting's net income.
14. ENTIRE AGREEMENT: The parties hereto acknowledge that they have read
this entire agreement and that this agreement and the attachments mentioned
herein constitute the entire understanding and contract between the parties
and supersedes any and all prior or contemporaneous oral or written communications.
15. CHANGE IN CONTROL. If there is a direct or indirect change in the effective
voting control of Customer, or if Customer merges into or is acquired by
a third party, or if Customer sells or transfers the Customer's Service
or all or substantially all of the assets of the business unit containing
the Customer's Service to a third party (a "Change in Control"),
then Customer shall give prompt written notice thereof to Salient Hosting,
and Salient Hosting at its option may, within 30 days after receipt of such
notice, or immediately if no timely notice is given, terminate this Agreement
by delivering written notice via email to Customer. Customer may request
pre-approval from Salient Hosting for any such change of control.
16. ASSIGNMENT: Salient Hosting reserves the right to assign this Agreement,
or any part thereof, at any time.
17. SEVERABILITY: If any provision of this agreement, or the application
of such provision to any person or circumstance, shall be held invalid,
the remainder of this agreement, or the application of such provision to
persons or circumstances other than those to which it is held invalid, shall
not be affected thereby.
18. FORCE MAJEURE: No party shall be liable by reason of any failure to
delay in the performance of its obligations due to strikes, riots, fires
or explosions, acts of God, war, governmental action or any other cause
that is beyond the reasonable control of such parties. Salient Hosting shall
not be responsible or liable for direct or consequential damages caused
by acts of God, acts of government, insurrection, riot, civil disturbance,
outages suffered by electric utilities, or outages suffered by intermediary
networks over whose facilities Customer' Web traffic is carried to and from
the Web Server provided by Salient Hosting.
19. LIMITATION OF LIABILITY: Salient Hosting makes no warranty of any kind
with respect to services and products provided under this Agreement. Customer
agrees to comply with all applicable governmental laws in the use of the
Web Server and ancillary services provided by Salient Hosting, and, in the
event of any noncompliance, agrees to hold harmless Salient Hosting and
its personnel and contractors from the consequences of such noncompliance.
If any action in law or equity is instituted by either party hereto with
respect to the subject matter of this agreement, Salient Hosting shall be
entitled to recover, in addition to any other relief granted, reasonable
attorney's fees, legal costs, and expenses reasonably incurred. Salient
Hosting's liability for damages to Customer for any cause whatsoever, regardless
of form of action, including negligence, shall not exceed an amount equal
to the price of products and services purchased by Customer during the one
month period preceding the event which caused the damages or injury.
20. JURSIDICTION: This Agreement shall be governed by the laws of the State
of Georgia, USA, and in the event any litigation must be initiated to enforce
the terms of this Agreement, said legal action must be brought in the courts
of the State of Georgia.
IN WITNESS THEREOF by submitting billing information, Customer hereby acknowledges
consents to and enters into this Agreement with Salient Hosting.