Web Hosting Agreement

It is agreed as follows:

AGREEMENT: Made by _________(Client), in the Month of ________, on the day ______, in the year of 2007 by Your Computer Solutions and between________-(hereinafter referred to as the “The Client” with its offices________(address) listed at the bottom of this form and Your Computer Solutions (hereinafter referred to as “YCS” with its mailing address at 4619 Tinsley Drive, Orlando, FL 32839.) Who wishes to use the services of YCS in accordance with YCS standard options.

WHEREAS: YCS has been commissioned and hired by The Client to provide Web hosting for the Client’s existing or soon to be existing Website site at: http://___________________________

1. Related Web Hosting issues and standard terms

  1. SERVICE DESCRIPTION: As a World Wide Web service provider, YCS provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. The Client wishes to connect to the World Wide Web utilizing the hardware and software resources of YCS to establish an Internet web presence on one of YCS server computers.

  2. CONDITIONS: The application and this Agreement constitute a binding contract between YCS and the Client and does not extend to any other person or entity. Client may resell to third parties but is responsible for third part activities and content, and is bound by the terms under this Agreement. Cancellations after the application is received and webs pace is set-up with still hold the Client responsible for costs incurred by YCS concerning the set-up of the web space.

  3. WARRANTIES: With respect to the service to be provided herein, the Client acknowledges that YCS makes absolutely no warranties whatsoever, express or implied. As a result, the Client agrees that YCS shall not be liable to the Client for any claims or damages which may be suffered by the Client, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.

  4. INFORMATION: The utilization of any data or information received by the Client from the utilization of the service to be provided by YCS is at the Client’s sole and absolute risk. YCS specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.

  5. DOMAIN NAME: If YCS shall acquire and Internet Domain Name on behalf of the Client, then in such case the Client hereby waives any and all claims which it may have against YCS, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name for such directories or lists following the termination of the providing of this service by YCS for any reason.

  6. PAYMENT: The set-up fee and first payment are due at the time the application is filled out, and returned to YCS. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the internet. Web space will be billed a minimum of three (2) months in advance depending on the selected fee schedule. Subsequent payments are due on the 1st day of each month as per the selected fee schedule. In the event that the Client fails to pay for such services in advance, YCS shall be entitled to unilaterally terminate the Agreement and discontinue the service until payment is made.

  7. UNILATERAL SERVICE REVOCATION: In the event that YCS may at any time believe that the service is being utilized for unlawful purposes by the Client or in contravention with the terms provisions herewith, to but not limited to unsolicited e-mail, hacking and pornography. YCS may immediately discontinue such service to the Client without liability.

  8. INDEMNIFICATION: The Client shall indemnify and hold harmless YCS from any and all loss, cost, y _____, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiate against YCS on the grounds that the web space content violates any copyright, proprietary right of any person, state and federal regulations, or contains any matter that is libelous or scandalous.

  9. CHANGES IN TERMS OF AGREEMENT: YCS reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Client, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Client has prepaid. Utilization of the service by the Client following the effective date of such change shall constitute acceptance by the Client of such change(s).

  10. ENTIRE AGREEMENT AND UNDERSTANDING: This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of the Agreement.

  11. ISP CHANGES: The Client understands and realizes that this contract does not provide ISP (Internet Service Provider) services. That the Client must obtain their own Internet connection. That the charges for an ISP are not included in the prices listed here.

  12. UNDERSTANDING OF CONTRACT AND TERMS: The Client understands and agrees with these terms that are listed. The Client, by hiring YCS and going into this agreement, acknowledges that he/she has read this contract and will be bound to the terms of it. The Client acknowledges that YCS has the right to make this contract, and to terminate it if the terms hereasabove are broken by the Client. YCS will not give refunds or exchanges for any terminated or canceled contracts. If the contract is terminated for any reason, the Client shall be billed for work not yet paid for, that was done by YCS.

  13. GOVERING LAW: This agreement shall be binding upon the heirs and assigns of the parties and shall be governed by and interpreted according to the laws of the State of Florida. Any legal action brought with regard to this contract shall be brought only in Orange County, in the State or Federal Court of appropriate jurisdiction within the State of Florida.

  14. ATTORNEYS’ FEES. In the event of arbitration, suite or action (collectively “Action”) instituted to enforce this Agreement, or with respect to this Agreement or any documents described in this Agreement, the prevailing party shall be reimbursed by the other party for any and all costs and expenses incurred in connection with the Action, including, but not limited to, reasonable attorneys’ fees at any hearing or trail and on appeal.

  15. HEADINGS: Headings used in the agreement are for convenience only and shall not be used to interpret or construe it’s provisions.

  16. NOTICIES: All notices or other documents under this agreement shall be in writing and delivered personally or fax received, or mailed by certified mail, postage prepaid, addressed to YCS and the Client at their last known addresses. Any extras that are added on by the Client will be billed by either an hourly or page rate. All additions must be approved before, by the Client and submitted to YCS in writing and delivered personally or fax received, or mailed by certified mail, postage prepaid, addressed to YCS.

  17. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto.

2. YCS Billing and Payment Terms

All orders and maintenance contracts must be accompanied by at least 50% of the overall order when submitted. All extra maintenance and additions that are billed at an hourly rate shall be billed to the Client at the end of each month. All invoices must be paid within thirty days (30) of invoice date. All maintenance fees must be paid at least thirty days (30) before termination of the maintenance contract. All delinquent accounts will be assessed a $25 charge if payment is not received within 30 days of the invoice date. If an account remains delinquent 31 days after its invoice date, an additional 5% penalty will be added for each month of the delinquency. YCS reserves the right to remove or make unattainable any webpage or Website or portion of the work, of a delinquent account until full payment is received. (A setup and installation fee of $100.00 would apply for returning the Client’s Website and $25.00 per web page, to be view on the Web or internet or an in-house Intranet). Final payment of the balance shall be made within 30 days of submission of the final invoice date (if no other conditions apply, such as payment plans or long term contracts) as hereinabove set forth and YCS shall be entitled to reasonable legal fees in the event the service of an attorney or collection agency are necessary for collection. Checks, Money Orders, and Wire Transfers must be made out to YCS. The Client will pay all appropriate taxes that would apply State and Federal included. All maintenance plans of six (6) months or less must be paid within thirty (30) days of hiring YCS. All maintenance plans of seven (7) months or more can have a payment plan worked out for either a quarterly or half year payment schedule.

3. Contract By and Between

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and

Your Computer Solutions, Inc.
4619 Tinsley Drive
Orlando, FL 32839
United States
407-826-0810
solution@ao.net