TERMS AND CONDITIONS HOSTING AGREEMENT
Website or Web Application Owner, the Client, and
Hosting Provider, the Company, Saltzmann Media Limited
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which Company will provide Web Hosting services on behalf of Client.
Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:
-Client agrees to selected contractual term of service (“Term”). Service start date is moment of purchase of selected hosting plan. Service shall begin upon Company receipt of payment for such first Term of service.
-Client must be at least  years of age to use Company website; by using Company website or agreeing to these terms and conditions, Client warrants and represents to Company that they are at least  years of age.
SERVICE PLANS AND RENEWAL
Plan features and pricing may change at any time for any reason. Client agrees to pay on the agreed amount, in the time frame specified, by the service plan. 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. Domain Registration fees are not refundable at all.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client's own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site, as long as website content is in compliance with the terms of this Agreement.
TRADEMARKS AND COPYRIGHTED MATERIAL
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
TERMINATION AND USAGE
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in of Company and Client. Company reserves the right to suspend or cancel a customer's access to any or all services provided when it is decided that the account has been inappropriately used. Company does not allow the following activities or content hosted on our servers: No online gambling; No Spam, No unsolicited e-mailing; No distribution of pirated material including, but not limited to, software, movies, music and written works; No distribution of obscene or illegal material including that which is pornographic, abusive, threatening, malicious, harassing, fraudulent, defamatory or that which encourages criminal activities. Any attempt to undermine or cause harm to a server or resource is strictly prohibited.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
Neither the Company nor the Client shall be liable for breaching this Agreement where that breach results from Force Majeure. Force Majeure refers to any event that is beyond the reasonable control of the parties and includes, but is not limited to, acts of God; acts of war; national emergencies; governmental action; union action; civil unrest; fire; explosion; flood and theft.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
CHANGES TO THE AGREEMENT
Company reserves the right to change the terms of this Agreement and all other terms and conditions and policies which may affect Clients in order to comply with changes in the law. The Client will be informed of any such changes and shall be deemed to be bound by them 1 calendar month after receiving the notice. If the Client does not agree to be bound by the changes they may terminate this Agreement in accordance with the Term and Termination clause of this Agreement.
BREACH OF AGREEMENT
If Client breaches the conditions in any way, or if it is reasonably suspected that the terms have been breached in any way, Company reserves the right to:
-Send one or more formal warnings;
-Temporarily suspend your access to website or servers;
-Permanently prohibit Client from accessing website or server;
-Block computers using your IP address from accessing website or servers;
-Contact any or all of Client’s internet service providers and request that they block access to our website or servers;
-Commence legal action against Client, whether for breach of contract or otherwise; and/or suspend or delete client’s account on website or servers.
Where Company suspends, prohibits, or blocks access to website or servers, client must not take any action to circumvent such suspension, prohibition, or blocking- including without limitation, creating and/or using a different account.