1) 128x8.com will provide the CUSTOMER with three websites hosted on a minimum of two servers. These three sites will be a staging site, production site, and a failover site.
2) 128x8.com will provide the CUSTOMER a single Git repository which is where the CUSTOMER's website source code will reside.
3) 128x8.com will provided the CUSTOMER up to three (3) user accounts with equal access to the Git repository. The CUSTOMER can request users be added or removed from access to the Git repository provided that the total number of current users does not exceed three (3). 128x8.com may take up to three (3) business days from acknowledgement of request to process request.
4) 128x8.com will manage the Domain Name Service (DNS) for the CUSTOMER's website. All DNS settings and changes directly related to 128x8.com managed website hosting will be handled by 128x8.com and are considered included with the monthly service fee. Any DNS settings and changes not directly related to 128x8.com managed website hosting can be requested by the CUSTOMER (up to one request per week). Requests may take up to three (3) business days for processing.
5) 128x8.com will bill the CUSTOMER an initial fee of $75USD (unless any special rate applies) for initial setup of managed website services. This fee is non-refundable.
6) 128x8.com will bill the CUSTOMER monthly approximately the last week of the month. Payment (in full) will be due by the 25th of the month. Delinquent payments may result in the CUSTOMER's three websites (staging, production and failover) being shutdown. This monthly fee is non-refundable.
7) 128x8.com will monitor the health of the systems running the CUSTOMER's websites. This includes the health of the Operating Systems and Softwares running the websites as well as verification that said systems are able to deliver web-content correctly. Beyond that, it is not 128x8.com's responsibility to ensure that the CUSTOMER's websites contain error-free code. 128x8.com will keep the systems running, but the CUSTOMER is responsible that their website code is correct.
8) 128x8.com will perform periodic system upgrades on those servers running the CUSTOMER's websites at a cadence of at least every two weeks. 128x8.com will also address security upgrades on those servers running the CUSTOMER's website as they occur. 128x8.com will not communicate these upgrades to the CUSTOMER unless 128x8.com deems it necessary. It is the goal of 128x8.com's service to handle upgrades without bothering the CUSTOMER with the details of what has been done.
9) 128x8.com may move the CUSTOMER's websites to different hosts, may reinstall or change the underlying Operating Systems and Softwares, or perform any other technical work on these servers at any time without communicating such work to the CUSTOMER. 128x8.com will strive to ensure such work does not disrupt the CUSTOMER's websites.
10) In the event the CUSTOMER's production site has issues (such as going offline, hardware failure, or anything that prevents it from serving websites) 128x8.com will switch the CUSTOMER's failover site to production. This change will not be instantaneous due to uncontrollable factors such as DNS propagation, host migration, etc. 128x8.com will strive to minimize the time that the CUSTOMER's production site is offline.
11) The CUSTOMER agrees to only host content on their websites which they own or are otherwise legally allowed to host.
12) The CUSTOMER agrees to not host inappropriate or illegal content on their websites. This includes, but is not limited to, Pornographic Material, Hate Speech, Unsolicited Communications, Providing False Data on any Contract or Application, and any other activities viewed as illegal or harmful.
13) 128x8.com reserves the right to shut the CUSTOMER's websites down if any part of this agreement is violated. 128x8.com reserves the right to severe the service agreement with the CUSTOMER.
14) Services are provided on an as-is, as available basis. There is no warranty express or implied. 128x8.com shall not be responsible for any damages arising from the customer's use of 128x8.com's services or by the customer's inability to use 128x8.com's services. 128x8.com shall not be liable to the customer for any special, incidental or consequential damages.
15) The CUSTOMER is free to cancel their service at any time. Their monthly service fees are non-refundable. Cancellation make take up to three (3) business days to complete.
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