Acceptable Use Policy
Schwab Communication Enterprises, LLC, hosts sites through Hostmonster, unless otherwise arranged. We adhere to the Hostmonster Terms of Service, and require that all of our costumers do the same, regardless of their hosting provider. If your site is hosted through another service provider, you may also be required to conform to their acceptable use policy.
Please read the Hostmonster Terms of Service, Section 9: Prohibited Uses section carefully to ensure you fully understand what is not authorized as part of our hosting services. Failure to adhere to the Terms of Service and Web Hosting Service Agreement (below) will result in the discontinuation of your web service through Schwab Communication Enterprises, LLC. No refunds will be awarded for failures to comply with the Terms of Service or the Web Hosting Service Agreement.
Web Hosting Services Agreement
Your payment for web hosting services constitutes your acceptance of the following agreement:
The business or individual submitting payment for web hosting services (who is referred to hereinafter as "Client") has engaged Schwab Communication Enterprises LLC (referred to hereinafter as "Provider") for the specific purpose of managing the Internet domain name(s), web hosting service, and web content management system of Client for the Client's website (referred to hereinafter as "Services").
- Services Rendered: Schwab Communication Enterprises LLC agrees to perform web support services (referred to hereinafter as "Services") to include:
- Domain Management: Provider will provide timely updates for Services related DNS records. Provider will also monitor upcoming domain name expirations and renew DNS services if possible. If Provider does not have access or is not authorized by Client to renew DNS services, Provider will provide timely warning of upcoming domain name expiration. Provider managed domain names are owned solely by the Client.
- Host Management: Provider will manage and maintain the host service provider account that hosts Client's Services connected website. This includes renewing services as applicable, monitoring for signs of hacking or abuse, and reconfiguring host service provider account as necessary to ensure the best possible stability, security and availability of Client Services.
- CMS Management: Provider will perform regular CMS backups, update CMS core components, and maintain the CMS Administrator account. Provider will maintain backups for 1 year unless otherwise agreed in writing. Client may request copies of CMS backups at any time. CMS backups are owned solely by Client.
- Ongoing Support: Services include 15 minutes per month of maintenance support. Thereafter, Provider will be available by email and phone for hosting support, development, site recovery, and user troubleshooting at the regularly hourly rate of $60/hour.
- Payment of Fees: Client and Schwab Communication Enterprises LLC agree that Services described in this contract shall be provided for the fee of $258 for a 12 month term of service, payable to "Schwab Communication Enterprises LLC."
- Service Start Date: The total payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Provider's receipt of payment for such Term of Services, or upon a mutually agreed upon date as annotated in writing.
- Renewal by Client: The agreement will automatically renew for successive 12 month Terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client's account.
- Failure to Pay: Failure of Client to remit payment to Provider by the invoice due date is cause for removal of the Client's web site files from the Provider's hosting server. In case collection proves necessary, Client agrees to pay all reasonable fees and costs, including attorney's fees, incurred by the collection process.
- Authorization: Client hereby authorizes Schwab Communication Enterprises LLC to access Client's web hosting account, and authorizes the web hosting account service provider to provide Schwab Communication Enterprises LLC with "write permission" for the Client's webpage directory, cgi-bin directory, and any other directories or programs which need to be accessed to complete Services.
- Additional Services: The terms and conditions set forth in this document constitute the sole agreement between Schwab Communication Enterprises LLC and the Client regarding Client's Site. Any additional work not specified in this contract must be authorized by both original parties in writing. Any additional Services needed beyond what is specified in estimates submitted to Client will be charged at a rate of $60 per hour.
- Warranties and Liabilities: In no event will Schwab Communication Enterprises LLC be liable to Client or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate Client's website or any of its web pages, even if Schwab Communication Enterprises LLC has been advised of the possibility of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
- Cancellation and Refund Policy: To request cancellation of services, Client must apply in writing to the Web Design Director of Schwab Communication Enterprises LLC, 2 Autumn Drive, Concord, NH 03301, phone (603) 496-6425. The first Term of service is not refundable under any circumstances. Refunds of renewals paid to Provider shall only be made for fully unused calendar months of service that Client desires to cancel. Client shall not be entitled to any monies under any circumstances should this agreement be terminated due to a violation of Provider's Terms of Service Agreement, available at http://www.schwabcommunications.com/usePolicy.php .
- Web Credits: As long as Schwab Communication Enterprises LLC is performing Services for Client, Client agrees to allow Schwab Communication Enterprises LLC to claim credit for Services rendered by posting a link, visible to search engines, to http://www.schwabcommunications.com on Client's Site and in author meta tags of Client's Site.
- Agreement to Mediate Dispute: In the event that any dispute arises between the parties in relation to this Contract, or out of this Contract, and the dispute is not resolved by negotiation, the parties agree to submit the dispute to mediation. The parties further agree that their participation is a condition precedent to their pursuing any other available remedy in relation to the dispute. Any party to the dispute may give written notice to the other party of his or her desire to commence mediation, and a mediation session must take place within 30 days after the date that such notice is given. The parties much jointly appoint a mutually acceptable mediator. If the parties are unable to agree upon the appointment of a mediator within 7 days after a party has been given notice of a desire to mediate the dispute, any party may apply to U.S. District Court for the District of New Hampshire's ADR Program, or an organization or person agreed to by the parties in writing, for appointing a mediator. The parties further agree to share equally the costs of the mediation, which costs will not include costs incurred by a part for representation by counsel at the mediation.
- Litigation: In the event that any dispute arises between the parties in relation to this Contract, or out of this Contract, and the dispute is not resolved by negotiation or mediation, this contract shall be litigated or arbitrated in Concord, New Hampshire. This agreement shall be governed and construed in accordance with the laws of the State of New Hampshire. The undersigned hereby agree to the terms, conditions and stipulations of this agreement on behalf of his or her organization. This agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and signed by both parties.