It is the goal of Aztek to provide our clients with quality hosting service for your Web site at an uptime rate of approximately 99.99% annually. As such, and as the Client exclusively utilizing this service, you shall agree to the following terms and conditions. Such terms and conditions are implemented for the security and protection of service for you and all other Aztek clientele.
In using the service, you will:
- Obey the law;
- Obey any and all codes of conduct or other notices we may provide;
- Never disclose your account password to anyone outside of Aztek;
- Promptly notify Aztek of any security breach related to or associated with this service;
In using the service, you may not:
- Use the service in a way that violates any laws;
- Use the service in a way that harms Aztek or any other Aztek clientele;
- Use any unauthorized means to modify or reroute, or attempt to modify or reroute the service;
- Damage, disable, overburden, or impair the service;
- Resell or distribute the service or any part of the service outside of your direct means of usage.
The service specified and documented herein is to be solely used by our client or an authorized client representative and not by any third-party. The service specified herein is a "Business Service" and shall be utilized as such by and only by our client or an authorized client representative herein documented.
We consider the use of the service to be private. However, as the service provider, we may access or disclose information about you, content of your communications or overall files of the technical data being hosted, in order to: (1) comply with the law or legal process served on us; (2) enforce and investigate violations of this contract; including use of this service to participate in, or facilitate, activities that violate the law; or (3) to protect the property and/or safety of Aztek, its employees, its clients or the public.
BY UTILIZING THIS SERVICE, YOU CONSENT TO THE ACCESS AND DISCLOSURES OUTLINED HEREIN.
We make no warranty. We provide the service "as-is", "with all faults" and "as available". The Aztek parties give no express warranties, guarantees or conditions which may have additional consumer rights under your local laws that this contract cannot change. We cannot and do not warranty any and all third party software tools utilized to access the hosted materials.
Liability Limitation – By utilizing this service you agree that you may recover only direct damages up to an amount equal to your service fee payment. You may not, under any circumstances, recover any other damages, including consequential, lost profits, special, indirect, incidental or permanent damages. This limitation applies to the service; content of Web site; viruses or other disabling features that affect your access to or use of the service; incompatibility between service any third party services, software or hardware; and, claims for breach of contract, breach of warranty, guarantee or condition, strict liability negligence, or other tort. It also applies even if this remedy does not fully compensate you for any losses, or fails its essential purpose.
The terms of this contract may be terminated with or without cause by either party with no less than thirty (30) days written notice, non-inclusive of Aztek’s right to suspend or terminate service due to a breach of this contract, lack of or delay of payment for service(s) rendered, or violation of the law. Aztek assumes no liability for loss of data due to suspension or termination of service. All parts of this contract apply to the maximum extent permitted by law.
Support under the terms of this contract shall be defined and come to mean support for the Web Server or SQL Server. Aztek does not offer technical support for third party software tools utilized to access hosted materials. If you are experiencing technical issues with third party software tools or hardware other than the Aztek hosting servers, it will be your responsibility to access technical support on your own. Aztek may be available for such a referral, but in such cases, does not warranty and/or guarantee such referrals, and as such, client shall waive all liability from Aztek.
As it pertains to the 24/7/365 technical support and service by Aztek, if you are experiencing a service outage or difficulty accessing your service with Aztek, please call 216.472.2121. Normal business hours for technical support purposes are 8:30 AM EST to 5:00 PM EST Monday through Friday. Calls made to Aztek for technical support or service after normal business hours, on weekends or on a given holiday may leave a message on the emergency mailbox. An Aztek technical support representative will be notified.
Support and service calls are addressed within one (1) hour of call during normal business hours and within two (2) hours of call after normal business hours, on weekends or on a given holiday.
The price set forth for services rendered shall remain in effect for the term of this contract. Aztek thus reserves the right to change pricing at any time thereafter. Aztek shall not adjust pricing without first providing client with at least thirty (30) days written notice. Unless otherwise provided by law, all charges for hosting and set-up are non-refundable unless stated otherwise and the costs of any returns will be at your expense. Except to the extent prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 1% of the unpaid amount each month or the maximum rate that is permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts. These costs may include reasonable attorneys’ fees and other legal fees and costs. We may suspend or cancel your service if you fail to pay in full on time. Suspension of service shall be at the sole discretion of Aztek based upon payment history or lack thereof. Upon approval, Aztek will start the process of transferring domain name(s), if applicable. The process of transferring can take up to fourteen (14) days depending on how the domain name is registered, who registered it, and what company the domain name is registered with. If the monthly bandwidth and disk space limit is exceeded, you will be automatically invoiced based on the overage fees stated above.
I agree to utilize the Hosting Service of Aztek for a period of term of my contract. I additionally agree to pay an early termination fee in the amount of the balance of the contractual agreement plus $250.00. Service will be considered active upon receipt of the signed agreement and paid invoice, which will include the first year’s fee. An invoice for these fees will be mailed upon receipt of the signed agreement.
For current service pricing and other related fees, please refer to your individual agreement or contact Aztek for additional details.
File Size Disclaimer:
Aztek, as the host server provider (production, sandbox, etc.), reserves the right to restrict and/or remove files deemed too large for proper server performance, such as but not limited to video, high-resolution images (photography, graphics), CAD files, .zip downloads, PDF’s, etc. Aztek will notify the Client when such examples of large files are impeding the performance of the individual website and/or host server, with recommended alternatives for file hosting. It shall be the Client’s responsibility to remove such large files from the host server and relocate, otherwise, Aztek may directly remove said files to maintain optimal performance.