Hosting / Management Responsibilities
Managed Hosting (no contract)
- FarmSoft Studios is responsible for the hosting, maintenance, and uptime of the servers, websites, and backups.
Self-Hosting with Management (6 month contract)
- FarmSoft Studios is responsible for the maintenance and backups of the customer’s website.
- Customer is responsible for the uptime of the server, hosting costs, server backups, and access to the hosting provider. We will provide reasonable effort to maintain and keep site uptime at a maximum, but we are not liable for downtime on servers outside of our immediate control.
- Customer agrees to a 6 month contract term.
- Customers who terminate their service contract before 6 months are subject to a Early Termination Fee (“ETF”) equal to the monthly rate of the remaining months. By way of examples, an ETF is reduced by the monthly service charge until the ETF reaches $0. If your monthly service charge is $500, and you terminate your service after the 3rd month’s bill was paid, your ETF would be $500 * the remaining 3 months, which is equal to $1500.
- Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
- Customer agrees that all charges and fees associated with an account are their sole responsibility.
- FarmSoft Studios will use commercially reasonable efforts to make your site available 99.9% of the time during each monthly billing cycle. If FarmSoft Studios is unable to meet this service level, you will be eligible to receive a credit to apply to future billing cycles based upon the Unavailability for that month.
- For the purposes of this agreement, Unavailability means that either (a) the hosting service is unresponsive, or (b) Your site returns a server error response to valid user requests for more than 60 seconds of consecutive requests.
- Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
- Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
- Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.
- FarmSoft Studios shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or FarmSoft Studios’ server(s). Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
- Customer expressly agrees that use of FarmSoft Studios’ Server(s) is at Customer’s sole risk. Neither FarmSoft Studios, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that FarmSoft Studios’ Server(s) 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 FarmSoft Studios service, unless otherwise expressly stated in this contract.
- Under no circumstances, including negligence, shall FarmSoft Studios, its offices, agents or any one else involved in creating, producing or distributing FarmSoft Studios’ Server(s) service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the FarmSoft Studios 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 FarmSoft Studios’ records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on FarmSoft Studios’ service(s).
- Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.
- Customer agrees that it shall defend, indemnify, save and hold FarmSoft Studios harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against FarmSoft Studios, 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 Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless FarmSoft Studios against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with FarmSoft Studios’ Server(s);
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on FarmSoft Studios’ Server(s).
Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service.
Violations of FarmSoft Studios’ Terms of Service, Acceptable Use Policy, or Spam Policy may, at FarmSoft Studios’ discretion, result in immediate and permanent disablement without refund.