Website & Hosting Agreement - Release of Liability

I,

for and in consideration of the payment to me of the,

Website & Hosting Plan, the receipt and sufficiency of which is hereby acknowledged, do hereby release and forever discharge Charles Harris & ProComputation, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, and any and all persons, firms or corporations liable or whom might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, from any and all claims, demands, damages, actions, causes of action or suits of any kind or nature whatsoever, which I now have or may hereafter have, arising out of or in any way relating to any and all injuries and damages or any and every kind, to both person and property, and also and all injuries and damages that may develop in the future, as a result of or in any way relating to the following:

 


Website & Hosting Disclaimer:

The website is provided “as is” and any expressed or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall Charles Harris & ProComputation, their agents, employees, successors and assigns, and their respective heirs, personal representatives, affiliates, and any and all persons, firms or corporations liable or whom might be claimed to be liable, whether or not herein named, none of whom admit any liability to the undersigned, but all expressly denying liability, be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including but not limited to, procurement of substitute goods or services; loss of use, data, or profits, or business interruption. However caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the website even if advised of the possibility of such damage.

Although precautions are taken to make sure websites are secure and malware-free, Charles Harris & ProComputation cannot accept responsibility for any loss or damage that occurs from a website becoming “hacked”, compromised, defaced, vandalized or otherwise altered without the client’s consent.


Website Agreement

I hereby agree that the aforementioned website and the features contained within, come with no warranty or guarantee of being bug-free or without glitches. Choice of Content Management System and plugins will be selected by and only by Charles Harris & ProComputation.

I understand that Charles Harris & ProComputation do not offer marketing services of any kind and do not guarantee any user traffic or new customers.

I acknowledge that while Search Engine Optimization (SEO) is performed there is no guarantee that the website will be listed in any priority in search results.

I also acknowledge that all payments and sales are final. In the event payment is not received within 30 days of issuing an invoice, a 10% late fee will be applied every two weeks that the payment is late. In the event of failure to satisfy payment agreement, services will be terminated immediately.


Hosting Agreement

I hereby understand that my hosting subscription is only to ensure the website remains online and accessible.

I understand that stocking products and inventory are not included in hosting subscriptions.

It is also understood that, while maintenance is often performed, it is not mandatory, expected, or otherwise guaranteed.

Hosting subscriptions do not include upgrades or updates to modules or content management systems.


Copyright & Plagiarism

I agree that I am accountable, responsible, and liable for all images, text and other media supplied, sent or given to Charles Harris & ProComputation for use with the website or project.

I acknowledge that in the event of copyright infringement, plagiarism or other legal claim against the supplied material, I accept full legal and financial responsibility for any action that may occur against myself or Charles Harris & ProComputation.

I understand that supplied media is subject to applicable copyright laws.


Malicious Activity

In the event that vandalism, data-theft, or any other form of unauthorized change is discovered on the server I have been granted access to, I will be held financially responsible for any time or costs required to fully restore functionality to the affected systems and websites. Any activity on the ProComputation servers that is deemed suspicious or malicious, will be met with account termination and legal action. I hereby agree that I will not attempt to gain access to server directories or files to which I have not been explicitly granted access. For authentication and security purposes all credentials must be kept private and no user account should be used by more than one person.  In the event the credentials generated for me, the client, are used by another party or for malicious reasons, I will be held financially responsible for any data loss or damages that occur. I acknowledge that website alterations will only be performed by Charles Harris & ProComputation. In the event persons not listed in this form are found to be altering the website, any and all warranties are void and Charles Harris & ProComputation reserve the right to terminate services immediately. I further agree that any connections attempts to the server must be performed on a secure network, unless visiting the website's "front end" or guest interface. In the event my credentials are exposed due to an unsecure network or device, I will be held financially responsible for any data loss or damages that occur. This includes but is not limited to interruption of other services, file or data tampering, and loss or disclosure of proprietary information (and the potential value to the owner).


Conclusion

It is understood and agreed that payment is made and received in full and complete settlement and satisfaction the causes of action, claims and demands mentioned herein; that this Release contains the entire agreement between the parties; and that the terms of this Agreement are contractual and not merely recital. Furthermore, this Release shall be binding upon the undersigned, and his respective heirs, executors, administrators, personal representatives, successors and assigns. This Release shall be subject to and governed by the laws of the State of California.

This Release has been read fully and understood by the undersigned.

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