Web Site Hosting Service Agreement

December 10, 2008

A PDF copy of this document is available for download here.

The following agreement is between Pyrameed Sàrl (“Pyrameed”) of 48 Rue Jacques-Dalphin, Carouge 1227, Switzerland and You (“Client”)

WHEREAS, Pyrameed is an Internet Service Provider offering storage and transfer of documents and other information over the Internet;

WHEREAS, Client seeks to use these servers for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Pyrameed can make no guarantee that any given party shall be able to access the server made available by Pyrameed at any given time. Pyrameed represents that it shall make every good faith effort to ensure that the server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

I. Financial Arrangements:

  1. Length of service
    Client agrees to an initial twelve (12) month contractual term of service (“Term”).

  2. Service start date
    The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Pyrameed's receipt of payment for such first Term of service or upon a mutually agreed upon other date.

  3. Renewal by client
    This agreement will automatically renew for successive twelve (12) month Terms unless canceled in writing by Client at least 30 days prior to the end of Term renewal date. 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 your account.

  4. Failure to pay
    In the case of a web site hosted on a Pyrameed hosting server, failure of Client to remit payment to Pyrameed by the invoice due date is cause for removal of the Client's web site files from the Pyrameed hosting server. Client agrees that Pyrameed shall not be held liable for such removal or disconnection.

  5. Refund policy
    1. As detailed above, cancellation by Client must be in writing within 30 days notice prior to the Term renewal date.
    2. Unused calendar months of service are not refundable under any circumstances if the Client desires to cancel their service during a Term.
    3. Client shall not be entitled to any refund of any monies under any circumstances should this agreement be terminated due to a violation of the Pyrameed Policies and Terms of Service Agreement located at http://www.pyrameed.com/legal/hosting/tos.html.

II. Taxes:

Pyrameed shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or Pyrameed's server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

III. Material and Products:

Pyrameed will exercise no control whatsoever over the content of the information passing through the network except for what is noted in section IX of this agreement, relating to Lawful Purpose, and with respect to the Pyrameed Policies and Terms Of Service Agreement located at http://www.pyrameed.com/legal/hosting/tos.html.

Pyrameed makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Pyrameed 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 the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of Pyrameed is at the Client's own risk, and Pyrameed 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. Pyrameed does not represent guarantees of speed or availability of end-to-end connections. Pyrameed expressly denies its damages to the Client for any non-accessibility time or other down time. Pyrameed specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

IV. Trademarks & Copyrights:

Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.

V. Age:

Client certifies that he or she is of full legal age to enter into this agreement.

VI. Policies

Client agrees to all terms in the Pyrameed Policies and Terms Of Service Agreement located at http://www.pyrameed.com/legal/hosting/tos.html.

Pyrameed network resources used by Client may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Pyrameed. All messages transmitted by Client should correctly identify the sender. Users may not alter the attribution of origin in electronic mail messages or posting. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access.

VII. Termination:

  1. This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Written notice may be by postal, email or fax transmission. Pyrameed reserves the right to verify all cancellations before terminating service. Notwithstanding the above, Pyrameed may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with any of the terms of this Agreement.

  2. Termination for any violation of the Pyrameed Policies and Terms of Service Agreement shall be immediate. Pyrameed may, at its option, cancel or suspend service immediately should it believe Client has violated or is about to violate the Pyrameed Terms of Service agreement located at http://www.pyrameed.com/legal/hosting/tos.html or should the Client fail to remit payment to Pyrameed by the Client's invoice due date.

  3. Notice of cancellation
    Written notice of cancellation may be by postal mail, email or fax transmission.

VIII. No Liability:

  1. Client expressly agrees that use of the Server offered by Pyrameed is at Client's sole risk. Neither Pyrameed, its employees, affiliates, agents, merchants licensers or the like, warrant that the Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Pyrameed Server service. Agreement.
  2. Under no circumstances, including negligence, shall Pyrameed, its offices, agents or anyone else involved in creating, producing or distributing Pyrameed's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Pyrameed Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Pyrameed's records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on Pyrameed's Server service.

IX. Lawful Purpose:

Client may only use Pyrameed's Server service for lawful purposes. Transmission of any material in violation of any Federal, Canton or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secrets.

X. Indemnification:

Client agrees that it shall defend, indemnify, save and hold Pyrameed harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees asserted against Pyrameed, its agents, its customers, servants, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Client, its agents, employees or assigns. Client agrees to defend, indemnify and hold harmless Pyrameed against Liabilities arising out of any of the following:

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Pyrameed's Server service;
  2. any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright infringement; and
  4. any defective product which Client sold on the Server offered by Pyrameed.

XI. Domain Name Ownership, Disputes, and Use

Any domain name registered by Pyrameed on behalf of Client is the property of said Client after the Client has paid Pyrameed any registration fees that Pyrameed has incurred on behalf of the client. Pyrameed claims no ownership over Client domain names that the Client has paid to register. At its option, Pyrameed will either arrange for any billing for names registered by Pyrameed on behalf of Client to be sent directly by the registrar or agent thereof to the Client, or Pyrameed will directly bill the client for these registration fees plus applicable expenses, and/or service charges, if any.

Client agrees that Pyrameed may be presented with information that Client's domain name possibly violates the trademark rights or other intellectual property rights of a trademark or other intellectual property rights owner. In case of such action, Client agrees to the following:

  1. Client agrees to hold Pyrameed harmless of any action taken by such owner regardless of the outcome of such dispute and regardless of whether Domain Name Service hosting for Client's domain is hosted at or continued to be hosted at Pyrameed.
  2. Client agrees that Pyrameed has the right to discontinue name service in the event of such dispute over a Client's domain name.
  3. Client agrees that should Pyrameed discontinue name service for Client's domain upon notification of such dispute that that Pyrameed will not be liable for any loss of business, interruption of business, loss of Client's domain name, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Pyrameed has been advised of the possibility of such damages.
  4. In no event shall Pyrameed be held liable.

Client agrees that a Pyrameed contact person shall be named as the “technical or zone contact” for any domains hosted at Pyrameed. Client agrees that Pyrameed may create and use network resources with the Client's domain name for administrative, testing, and network infrastructure enhancement purposes.

XII. Contract Revisions:

Revisions to this Contract will be considered agreed to by the Client on renewal of Pyrameed Services as specified in Section I. Financial Arrangements.

This Agreement and Pyrameed Policies and Terms of Service Agreement constitute the entire understanding of the parties. Any changes or modifications to this Contract are agreed to by the parties upon renewal of services.
This Agreement shall be governed and construed in accordance with the laws of the Swiss Confederation.