Creative Mischief believes your website and databases should always be protected against unscheduled outages. Our commitment to you is that every effort will be made to keep your site online.
We guaranty that our data center network will be available 100% of the time in a given month, excluding scheduled maintenance. The data center network means the portion of the Rackspace network extending from the outbound port on your edge device to the outbound port of the data center border router and includes Rackspace managed switches, routers, cabling.
Rackspace Guaranty: We will credit your account 5% of the monthly fee for each 30 minutes of network downtime, up to 100% of your monthly fee for the affected server.
We guaranty that data center HVAC and power will be functioning 100% of the time in a given month, excluding scheduled maintenance. Power includes UPSs, PDUs and cabling, but does not include the power supplies on your servers. Infrastructure downtime exists when a particular server is shut down due to power or heat problems.
Rackspace Guaranty: Rackspace will credit your account 5% of the monthly fee for each 30 minutes of infrastructure downtime, up to 100% of your monthly fee for the affected server(s).
We guaranty the functioning of all server hardware components and will replace any failed component at no cost. “Hardware” means the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. Hardware replacement will begin once we identify the cause of the problem. Hardware replacement is guaranteed to be complete within one hour of problem identification.
As consideration for the services purchased by Client and provided to Client by Creative Mischief, Client agrees to pay Creative Mischief a monthly fee of $XXX per month. Clients monthly billing date will be determined based on the day of the month a signed agreement is establish between Client and Creative Mischief unless that date falls after the 28th of the month in which case billing date will be the 28th of each month. Payment is to be made by Client providing a valid credit card for charge, or by check, and is non-refundable. If for any reason Creative Mischief is unable to charge your credit card with the full amount of the service provided, or if Creative Mischief is charged back for any fee it previously charged to the credit card or any returned check fees, Client agrees that Creative Mischief may pursue all available remedies in order to obtain full repayment including and not limited to additional fees.
Client agrees that Client will be responsible for notifying Creative Mischief should Client desire to terminate said Hosting services. Notification of intent to terminate must be provided to Creative Mischief no earlier than 30 days prior to billing date but no later than three days prior to billing date. In the absence of notification from Client, Creative Mischief will automatically continue Hosting services indefinitely and will continue to charge at Creative Mischief’s then current rates. It is Client responsibility to ensure credit card information current, including the expiration date. In the event of termination, moving hosting off of the Creative Mischief hosting servers is the responsibility of Client. Creative Mischief will not transfer or FTP site files to another provider.
Client agrees that Client has provided accurate, current and complete information in the agreement process and that Client will notify Creative Mischief within five (5) business days when any of the information provided as part of the agreement and/or registration process changes. Failure by Client, for whatever reason, to respond within five (5) business days to any inquiries made by Creative Mischief to determine the validity of information provided by, will constitute a material breach of this Agreement.
If Client provides any information that is inaccurate, not current, false, misleading or incomplete, or if Creative Mischief has reasonable grounds to suspect information is inaccurate, not current, false, misleading or incomplete, Creative Mischief has the absolute right, in its sole discretion, to terminate Hosting services and close the account.
Client warrants that each agreement is being done so in good faith and that client has no knowledge of said agreement infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name. Client warrants that the web site being hosted by Creative Mischief will not be used in connection with any illegal activity.
TERMS OF AGREEMENT
This agreement will become effective on the effective date (day of signing) and will expire twelve (12) months thereafter, unless extended by mutual agreement from Client and Creative Mischief LLC. Termination of this agreement shall be made to Creative Mischief by email or direct mail sent to Creative Mischief?s corporate address listed within this agreement.
- Creative Mischief LLC
- 2310 Marietta Blvd, NW
- Suite C
- Atlanta, GA 30318
Client is responsible for ensuring that company website conforms to all local, state, federal, and international laws. Further, Client is responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by Creative Mischief.
Client agrees that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
LIMITATION OF LIABILITY
Client agrees that Creative Mischief’s entire liability to Client under this Agreement and Clients only remedy, in connection with any service provided by Creative Mischief to Client under this Agreement, and for any breach of this Agreement by Creative Mischief, shall be limited to the fees paid to Creative Mischief for Hosting services.
CREATIVE MISCHIEF RIGHTS
Creative Mischief explicitly reserves the right and sole discretion to: a. Censor any web site hosted on its Web Hosting servers that, in Creative Mischief?s sole discretion, is deemed inappropriate; b. Review every Web Hosting account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification; d. Terminate Your Web Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Web Hosting fees; and other activities whether lawful or unlawful that Creative Mischief determines to be harmful to its other customers, operations, or reputation; e. Terminate Clients Web Hosting service if the contents of Clients web site result in, or are the subject of, legal action or threatened legal action, against Creative Mischief or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Client agrees to release, defend, indemnify and hold harmless Creative Mischief and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney’s fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Clients account with Creative Mischief and/or use of Hosting services provided by Creative Mischief.
DISPUTE RESOLUTION POLICY
Client agrees that if a dispute arises as a result of one or more web sites Creative Mischief is hosting for Client, Client will indemnify, defend and hold Creative Mischief harmless for damages arising out of such dispute. Client additional agrees that if Creative Mischief is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by Creative Mischief, that Creative Mischief, in its sole discretion, may take whatever action Creative Mischief deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled