Welcome to SportsLeagueSites.com! This Hosting Agreement ("Agreement") governs your purchase and use of the Web site hosting services, including the Sports League Management
Software (collectively, the "Services"), as described in the Order Form, that you order and SportsLeagueSites.com accepts. Your agreement to be bound by these terms is acknowledged by checking the 'Check to Agree' check box on the order page and/or
your use of the SportsLeagueSites.com Web Site, Hosting Services, Support Services and/or any SportsLeagueSites.com software made available to you.
1 FEES & PAYMENT OF FEES
1.1 SportsLeagueSites.com charges an annual service fee which in some cases may be refundable as further set forth elsewhere herein. According to the services you order from SportsLeagueSites.com, SportsLeagueSites.com may also charge you for Domain Registration
Fees and specifically reserves the right to institute additional charges upon notice to you. SportsLeagueSites.com further reserves the right to institute new services and charge fees in association with the provision of such new services as it deems
1.2 SportsLeagueSites.com reserves the right to offer subsequent promotional rates which may or may not be more favorable than the terms under which you entered this agreement. Any such periodic special rates shall not effect the then existing
rights and responsibilities of each party.
1.3 Payment of Fees - SportsLeagueSites.com accepts payment by personal check and money order.
1.4 Payment by Check
1.4.1 Prior to activation of your user account you agree to submit a check payable in U.S. dollars. SportsLeagueSites.com is under no obligation to initiate service until the proceeds of such check have been
cleared by such financial institution and have been received by SportsLeagueSites.com. Payment for subsequent fees are due and payable immediately upon invoice and in no instance later than the expiration of the last day of the previous period without
regard to any invoice. It is your responsibility when paying by check to make sure that your payment is received by SportsLeagueSites.com. The refusal, rejection or return of any such check for any reason whatsoever or any portion thereof is grounds
for account suspension and/or termination at the sole option of SportsLeagueSites.com under Paragraph 8 herein.
1.4.2 It is recommended that in order to avoid any service interruption that you submit your payment to SportsLeagueSites.com a sufficient time before the expiration of the current service period so that it reaches
SportsLeagueSites.com in advance of the
2 WEB HOSTING SERVICES
For the term of the agreement as set forth herein SportsLeagueSites.com agrees to provide web hosting services according to the plan selected by you upon activation of your account. SportsLeagueSites.com reserves the right to change, amend and/or otherwise
alter the services provided with equivalent or otherwise equal services without prior notice to you.
2.1 You agree that use of the Services hereunder will not exceed the bandwidth, storage and E-mail usage limits set out in the Order Form. If you use any bandwidth or storage space in excess of the agreed upon number
of megabytes per month or if you exceed E-Mail storage and attachment size limitations, SportsLeagueSites.com may, in its sole discretion, assess you with additional charges, suspend the performance of the Service, or terminate this Agreement
3 DOMAIN REGISTRATION SERVICES
As part of the Services, you will provide SportsLeagueSites.com with a registered domain name or names, or SportsLeagueSites.com will register domain name(s) you select if the domain name is available for registration and does not violate any Network
Solutions' or other registration services' policies, or any law or regulation. If any dispute or cause of action arises out of or is related to your domain name used in connection with the Services, then upon your request,
attempt to register with Network Solutions or other registrar an alternative domain name you chose. Upon registering your domain name, you are bound by the terms of Network Solutions' then current domain name policy and the policies of the
national DNS registration authorities. SportsLeagueSites.com will not refund any fees you paid with respect to the registration of a domain name you are unable to use. If you received a "Free Domain Name Registration" offer when you signed up for the
Services, and you terminate the Services within one (1) year of the domain name registration, you agree to immediately pay SportsLeagueSites.com the full retail price for the domain name registration - currently $15.
4 ACCEPTABLE USE
SportsLeagueSites.com strictly enforces compliance with its acceptable use terms under this paragraph (4) four. You agree to maintain your website in full compliance with the terms set forth below. Failure to so comply is cause for immediate
suspension and possible termination under paragraph (8) herein.
4.1 You agree that you will not violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
4.2 You agree not to cause any harm to minors of any kind or to perform any activity which is likely to cause such harm.
4.3 You agree not to take any action which encourages or consists of any threat of harm of any kind to any person or property
4.4 You agree not to transmit any unsolicited commercial or bulk email. You will not engage in any activity known or considered to be “spamming” or “Mail Bombing”
4.5 You agree not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or other Internet Forum.
4.6 You agree not to make or attempt any unauthorized access to any SportsLeagueSites.com website or the website of any SportsLeagueSites.com customer.
4.7 You agree not to infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution
of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Warez (pirated software) is strictly prohibited on our servers.
4.8 You agree not to collect or attempt to collect personally identifiable information of any person or entity without their express written consent. You shall maintain records of any such written consent throughout the terms of this
agreement and for three years thereafter.
4.9 You agree not to undertake any action which is harmful or potentially harmful to the SportsLeagueSites.com server structure.
4.10 You agree not to store, distribute or link to material orientated towards pornography, racism or 'Hate Sites'.
SportsLeagueSites.com pursuant to the terms and conditions set forth herein hereby grants you a non-exclusive, limited, personal, non-transferable license to use the SportsLeagueSites.com Web Hosting Service and Sports
League Management Software for the term of the agreement as set forth herein.
6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
6.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of SportsLeagueSites.com including but not limited to the
SportsLeagueSites.com customer service and maintenance tools. You acknowledge that all right and title to any such SportsLeagueSites.com intellectual property shall remain the sole property of SportsLeagueSites.com and that you have no right, title or interest therein.
You further agree not to provide access to the SportsLeagueSites.com services to any third party. You agree yourself and not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease,
lend, license, distribute, market or otherwise dispose of any portion of the SportsLeagueSites.com Services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the
service shall also remain the sole property or SportsLeagueSites.com.
6.2 During the term of this agreement you may have access to certain information and materials relating to the SportsLeagueSites.com business, customers, software technology and marketing which SportsLeagueSites.com treats as confidential (hereinafter
“Confidential Information”). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any “Confidential Information” without the
express prior written consent of SportsLeagueSites.com; and (ii) not use or disclose any of the “Confidential Information” for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations
shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does
not rise to the level of a trade secret.
The initial term of this agreement shall be twelve (12) months with automatic renewal for subsequent additional (12) months after the expiration of the initial term. SportsLeagueSites.com reserves the right to accept pre-payment
of renewal periods and may from time to time offer financial incentives for such pre-payment. The term of the agreement, however, shall remain twelve (12) months.
8 SUSPENSION AND TERMINATION
8.1 Suspension - At the sole option of SportsLeagueSites.com for any reason set forth herein or in the event that you breach any term of this agreement including but not limited to Section 1 (Payment of Fees) and Section 4 (Acceptable Use Policy)
SportsLeagueSites.com may suspend your account by deactivating any access by you or by web users to any information contained on the SportsLeagueSites.com servers related to your account while maintaining the information and data related to your account upon
the SportsLeagueSites.com servers. Suspension shall specifically include the disabling of your hosted domain and/or any access to information or data related to your account. In the event of any such suspension you will be notified and given an
opportunity to correct such breach. In the event that such breach is not corrected within fourteen (14) days the account may be terminated under paragraph 8.2.
8.2 Termination - This agreement and all of it’s terms shall remain in full force and effect until it is terminated. Termination shall include the removal of any and all of your information from the SportsLeagueSites.com servers. Such information or
data may or may not be made available to you by SportsLeagueSites.com after any such termination. This agreement may be terminated either (a) after a period of suspension as set forth in paragraph 8.1 or (b) by either party upon 45 days notice in
advance of a renewal period for any reason. You must provide SportsLeagueSites.com with your notice of termination by sending an email to 'billing@SportsLeagueSites.com.com' with your domain name, user name and contact details.
8.3 In the event of termination under paragraph 8.2(a) there will be no refund provided to you. In addition, SportsLeagueSites.com may charge you an additional termination fee not to exceed $50.00 at its sole option. The assessment of this
termination fee shall not effect the rights of SportsLeagueSites.com to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or other costs of any kind.
9.1 Any notice under this agreement shall be given by SportsLeagueSites.com to you via email at the address provided by you to SportsLeagueSites.com at the commencement of this agreement or as SportsLeagueSites.com is subsequently advised. Notice to you at this
address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so via E-mail to SportsLeagueSites.com.
9.2 Any notice by you to SportsLeagueSites.com may be sent via E-Mail to the following Address: SportsLeagueSites@SportsLeagueSites.com.com
Sections 1, 3 through 6, 8, 9, 11, 12, and 14 through 18, inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.
11 WARRANTEES AND LIMITATIONS
11.1 SportsLeagueSites.com makes every reasonable effort to maintain operation of the SportsLeagueSites.com service however because many events and circumstances are beyond the control of SportsLeagueSites.com,
SportsLeagueSites.com does not in any way warrant or otherwise
guarantee the availability of the SportsLeagueSites.com system or servers and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of
11.2 THE SportsLeagueSites.com SERVICE IS PROVIDED TO YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
11.3 In general, SportsLeagueSites.com has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal.
SportsLeagueSites.com accepts no responsibility for
any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with
whom you may deal. SportsLeagueSites.com provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the SportsLeagueSites.com system.
11.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to
any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
11.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE A PRO RATA AMOUNT EQUIVALENT TO
THREE (3) MONTHS OF THE ANNUAL SERVICE FEE PAID BY YOU TO SportsLeagueSites.com IN THE TWELVE (12) MONTH PERIOD PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL SportsLeagueSites.com BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS
OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
12.1 You agree to fully defend and indemnify and hold harmless SportsLeagueSites.com of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including
attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any breach or claim of breach of this agreement or your negligence whether active or passive or any
negligence of SportsLeagueSites.com in any way related to your use of the SportsLeagueSites.com service or any portion thereof.
12.2 You agree to fully defend and indemnify and hold harmless SportsLeagueSites.com of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including
attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any
third party which is in any way related to your use of the SportsLeagueSites.com service or any portion thereof. Choice of counsel remains exclusively that of SportsLeagueSites.com.
12.3 You agree that upon the assignment of your user ID and password that you will maintain the confidentiality of your account information and assume all responsibility of and from any loss, theft or other destruction of any data as the
result of any access to your account via the use of your user ID. You further agree to defend and indemnify and hold harmless SportsLeagueSites.com of and from any and all third party claims, causes of action, demands, costs, damages including both
direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any claim for damages in any way related
to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of SportsLeagueSites.com.
13 FORCE MAJEURE
Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor
disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.
This agreement and the rights hereunder is not assignable or transferable except that SportsLeagueSites.com may assign it’s rights hereunder to any person or entity who shall become a principal owner of
SportsLeagueSites.com. Any other attempted transfer or
assignment of rights hereunder shall be null and void ab initio.
If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause
or provision shall be deemed to be severed from the Agreement.
16 NO AGENCY
Notwithstanding any other provision of this agreement, SportsLeagueSites.com is not your agent, partner or joint venturer in any respect.
SportsLeagueSites.com may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the SportsLeagueSites.com web site in place of the old. Each and every such amendment shall be become effective
immediately for all pre-existing and future accounts.