Please read this agreement in its entirety. All users of our service will be bound by this agreement, which may be updated by us from time to time save that such updated terms and conditions of this Agreement must be mutually agreed by the Parties.
This User Agreement (the ‘Agreement’) governs the terms of the use by Client of services offered by PracticalHost.Client agrees to receive access to PracticalHost services according to the following terms and conditions:
1. Selection of Service Plan
Client will select one of the service plans offered by PracticalHost Provider, and agrees to receive services according to the service plan selected and agreed upon.
2. Payment for Services
Client will pay for services provided under this Agreement by credit card authorization provided to PracticalHost Provider check or money transfer. When initiating service, Client will be charged the published setup fee for the service plan selected, as well as a monthly or annual fee as specified by client when filling the order form. 4 weeks before the renewal date, the Client will be notified by email of the renewal date and the charges that will be applied to his credit card on the renewal date. If payment by check or money order, please ensure payment for continuation of the service. The renewal period will be identical to the initial period unless change is requested by email to [email protected]
This Agreement may be terminated by Client or PracticalHost at any time within a contractual one year period with one month prior written notice of its intention to terminate the Agreement. If either party is in default under this Agreement (including non-payment), then the non-defaulting party shall give fourteen (14) days’ written notice to the defaulting party to cure the breach (“Cure Period”). For the avoidance of any doubt, the non-defaulting party reserves the right to terminate the Agreement if the defaulting party fails to remedy the breach within the cure period.
4. Compliance with Law
The Parties will provide and use the services in a manner consistent with all applicable local, state and federal laws and regulations.
5. File Back-up
PracticalHost will backup all email accounts and its content daily and will make available a rolling backup of 14 days that is accessible from the control panel. The customer can select to restore a complete mailbox at anytime and will have access to dated 14 sets of backup.
6. DISCLAIMER OF WARRANTIES
PracticalHost Provider’s SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. PracticalHost Provider SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PracticalHost Provider BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES, EVEN IF PracticalHost Provider HAS BEEN ADVISED BY CLIENT OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. IF PracticalHost Provider’S SERVICE TO CLIENT IS DISRUPTED OR MALFUNCTIONS FOR ANY REASON, PracticalHost Provider SHALL NOT BE RESPONSIBLE FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE, BEYOND THE FEES PAID BY CLIENT TO PracticalHost Provider FOR SERVICES, DURING THE PERIOD OF DISRUPTION OR MALFUNCTION. PRACTICALHOST SERVERS ARE LOCATED IN THE USA AT A STATE OF THE ART DATACENTER WITH FULL SAS70 TYPE II AUDIT.
7. Limitation/Disclaimer of Liability
PracticalHost Provider is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network PracticalHost Provider or its customers may utilize. In other words, we cannot be liable for any transmitted emails back and forth over the Internet. It is recommended to use the free SSL mail encryption when setting clients. It is used by default on EnsureMail Exchange.
PracticalHost Provider does not represent or warrant to Client that Client will receive continual and uninterrupted service during the term of this Agreement. In no event shall PracticalHost Provider be liable to Client for any damages resulting from or related to any failure or delay of PracticalHost Provider to provide service under this Agreement if such delays or failures are due to strikes, riots, fire, inclement weather, acts of God, theft or vandalism or other causes beyond PracticalHost Provider’s control, as defined by standard practices in the industry. Such failure or delay shall not constitute a default under this Agreement. For EnsureMail, EnsureMail Pro, EnsureMail Exchange, we provide access from the control panel for a rolling 14 day backup. Our backup servers are in Dallas with a secondary backup in Chicago and a third with Amazon AWS.
Client agrees to defend, indemnify and hold PracticalHost Provider harmless from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of the services provided by PracticalHost Provider to Client under this Agreement, including without limitation claims made by third parties (including customers of Client) related to any false advertising claims, liability claims for products or services sold by Client, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided hereunder, or for any content submitted by Client for publication by PracticalHost Provider, but excluding those related to the negligence of PracticalHost Provider.
9. Resale of PracticalHost Provider’s Service
If Client acts as a ‘reseller’ of the services provided by PracticalHost Provider to Client hereunder, by Client providing similar services to its customers, then all the terms of this Agreement shall provide to the resale. Without limiting the foregoing, Client’s obligations under Section 9 (‘Indemnity’) shall apply to any and all claims made against Client and/or PracticalHost Provider which arise out of the resale of PracticalHost Provider’s services.
10. Governing Law/Venue
This Agreement shall be governed by the laws of the United Arab Emirates.
11. Relationship of the Parties
The parties intend that an independent contractor relationship will be created by this contract, and that no partnership, joint venture or employee/employer relationship is intended.
Any party’s failure to insist on compliance or enforcement of any provision of this Agreement shall not affect its validity or enforceability or constitute a waiver of future enforcement of that provision or of any other provision of this Agreement.
14. Attorneys’ Fees
If a legal proceeding is commenced to enforce or obtain a declaration of rights under this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.
15. IP Addresses
PracticalHost Provider maintains control and any ownership of any and all IP numbers and addresses that may be assigned to Client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
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