This Web Hosting Service Level Agreement (the “Agreement”) is made and entered by and between Horton Group, Inc. (“Horton Group”) and Client.
Horton Group agrees to provide Client with services for hosting of Client’s website/Mobile Application(s) described above (the “Website”) on the Internet. Horton Group will provide dedicated or shared server computers with an Internet address for storage and access of the Website/Mobile Application, content and user content, which must be “server-ready.” Horton Group will provide hosting services for the Website/Mobile Application that meet reasonable commercial standards.
Hosting Services Fees
Client shall pay Horton Group all fees for the hosting services under this Agreement in accordance with the applicable fee and payment schedule mutually agreed by the parties.
Availability and Service Interruption
The Website/Mobile Application shall be accessible to third parties on the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of hosting services due to causes beyond the control of Horton Group or that are not reasonably foreseeable by Horton Group, including, without limitation, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures. If a third party not associated with Horton Group or Horton Group’s Datacenter initiates a “Denial of Service” or other form of disabling attack against the Website, Horton Group will work with its Datacenter to stop the attack but cannot guarantee a resolution or a resolution time.
Horton Group will endeavor to schedule all maintenance in small windows during the night relative to the Central Time Zone. Horton Group will employ best efforts to provide advance notice to Client of scheduled server computer/network outages.
Client may submit a claim to Horton Group for reasonable compensation for service interruption due to a failure in Horton Group’s network. Client must notify Horton Group of any such claims within five (5) business days of the incident in question.
Bandwidth and Storage
Horton Group will provide bandwidth and storage as mutually agreed. If Client requires additional bandwidth or storage, the parties will negotiate in good faith unless Horton Group’s server computers cannot accommodate the requested bandwidth or storage. Client agrees that use of Horton Group’s web-hosting services will not exceed the bandwidth, storage and e-mail usage limits set by Horton Group. If Client uses any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if Client exceeds e-mail storage and attachment size limitations, Horton Group may, in its sole discretion, assess Client with reasonable additional hosting charges, suspend the performance of the web hosting services, or terminate this Agreement, but only upon written notice to Client and a 10-day opportunity to cure.
Horton Group will back up Client Website/Mobile Application data once daily and will back up Client Website/Mobile Application data and store it in an offsite location at least weekly. Horton Group, however, is not responsible for lost content or user content. Horton Group will provide, at Client’s expense, an electronic copy of the back-up Website/Mobile Application to Client upon written request by Client. Back-ups are intended for disaster recovery, not the restoration of individual files.
Horton Group employs RAID storage technology to protect the data on its servers and will take commercially reasonable steps to prevent unauthorized access to the Website/Mobile Application, content, and user content stored on Horton Group’s server computers. Notwithstanding the foregoing, Horton Group makes no warranty express or implied regarding security and shall not be liable for any losses or damages resulting from a breach of security.
Clients on Shared Hosting Accounts may access their servers via cPanel, SSH, or SFTP access. Standard FTP is unencrypted and insecure and is not installed. This prevents hackers and bots from tying up Server Resources in repeated brute force password attempts and helps protect our Websites. Dedicated servers may be accessed via SSH or SFTP only, and password login is disabled in favor of Key pair access. Horton provides simple instructions for using key based access with a common cross-platform application.
Email and Mailings
To ensure consistent Web Hosting, Horton Group does not allow mailing lists to be run from Web Hosting accounts. Email services may be purchased separately and are hosted via our parteners who specialize in providing dedicated Email Services. Mailing lists may be conifigured and implemented via industry leading email marketing services. These services may be managed via Web Hosting, but no direct mailings are permitted from Horton Group Web Servers. Mailing lists sent from our Web Servers may contribute to a negative spam reputation and will not be tolerated. Typical website mailings such as shopping cart orders, client notifications and administrative notifications are supported and Horton Group takes extra care to ensure proper delivery.
Client may contact Horton Group with support inquiries during regular business hours, Monday through Friday from 8:30 a.m. to 5:30 p.m. CST, with the exception of observed holidays, at 615-292-8642 or email@example.com.
All Horton Group Support is covered under standard billable terms.
Client Content and Responsibilities
Client grants to Horton Group a non-exclusive, worldwide license to Client’s content and user content only to the extent necessary for Horton Group to host the Website/Mobile Application.
Horton Group provides no equipment, software, or communication connections to Client. Horton Group makes no representations, warranties or assurances that Client’s equipment, software, and communication connections will be compatible with Horton Group’s hardware and service.
Client must ensure that the use of any of the web hosting resources offered to Client, whether owned or controlled by Horton Group, conforms at all times with this Agreement.
Client agrees and will ensure that its use of the hosted Website/Mobile Application and Horton Group’s services, to the best of Client’s knowledge and with the exception of Horton Group’s contributions to the hosted Website/Mobile Application and performance of the services, complies with all applicable federal, state and local laws and regulations, including, without limitation, those principles of law that protect against compromise of copyrights, trademarks, trade secrets, proprietary information and other intellectual property rights, libel or defamation of character, contract principles, invasion of privacy, tortious interference, and export of technical or military data to prohibited countries.
Horton Group reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies, or is otherwise objectionable or potentially infringing on any third party’s rights or in potential violation of any laws. In the event of becoming aware of any possible violation by Client of any third-party rights or laws, Horton Group may immediately take reasonable corrective action, including, without limitation, (a) issuing warnings, (b) suspending or terminating the services, (c) restricting or prohibiting any and all uses of the offending content hosted on Horton Group’s systems, and/or (d) disabling or removing any offending hypertext links to third-party web sites, any offending content distributed or made available for distribution via the services, or other offending content not supplied by Horton Group that, in Horton Group’s reasonable judgment, may violate or infringe any law or third-party rights or that otherwise exposes or potentially exposes Horton Group to civil or criminal liability or public ridicule. It is Horton Group's policy to terminate repeat infringers. The above stated rights of action, however, do not obligate Horton Group to monitor or exert editorial control over the information made available for distribution via the services provided hereunder. In the event Horton Group takes corrective action due to such possible violation, Horton Group shall not be obligated to refund to Client any fees paid in advance of such corrective action as the result of such corrective action.
Term and Termination
This Agreement shall continue unless and until either party terminates the Agreement by written notice to the other party and subject to Client’s performance of its obligations under this Agreement.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, HORTON GROUP, AND ITS OWNERS, MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, VENDORS, AND THE LIKE, MAKE NO WARRANTY IN CONNECTION WITH HORTON GROUP’S HARDWARE OR SERVICES, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF TITLE, NON-INGRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability and Remedies
HORTON GROUP SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, THE WEBSITE/MOBILE APPLICATION OR CLIENT’S DATA FILES, PROGRAMS OR INFORMATION THROUGH ACCIDENT, FRAUDULENT OR UNAUTHORIZED MEANS OR DEVICES. HORTON GROUP SHALL HAVE NO LIABILITY WITH RESPECT TO HORTON GROUP’S OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR LOST PROFITS, LOST BUSINESS, LOST DATA OR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE HORTON GROUP’S HARDWARE OR SERVICES EVEN IF HORTON GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF HORTON GROUP TO CLIENT FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO HORTON GROUP BY CLIENT UNDER THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
Client shall defend Horton Group against any third-party claim, action, suit or proceeding arising as a result of Client’s use of Horton Group’s hardware or services and shall indemnify Horton Group for all losses, damages, expenses, and costs incurred by Horton Group as a result of a final judgment entered against Horton Group in any such claim, action, suit or proceeding.
This Agreement will be governed and construed in accordance with the laws of the State of Tennessee. Both parties agree to submit to personal jurisdiction in Davidson County, Tennessee, and further agree that any cause of action or dispute arising under this Agreement will be litigated in Davidson County, Tennessee.
If any provision of this Agreement is held invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.
No agency, partnership, joint venture, or employment relationship is created by this Agreement, and neither party has the power to bind the other party.