Hosting Contract

NOTE: Upon agreement to be hosted with us, it is implied and accepted that you have read and agreed to this contract and that you and your company are CLIENT and willing to be held legally bound to it.

It is agreed that Talica will host CLIENT website. Hosting will be on a month-to-month basis. Either party may cancel or request alteration of the hosting/maintenance agreement with 30 days advance written notice. The monthly hosting fee includes maintenance of the virtual domain URL, up to 100 megabytes of server space,1 GB of transfer, and up to accumfor maintenance as needed of interactive features. Additional server space above 100 MB will be charged separately at $5.00 per 50 megabytes. Additional bandwidth above 1 GB will be charged separately at $5.00 per 1 gigabyte. Additional maintenance or creative time will be billed separately as per design agreement.

All material is accepted and published online upon the representation that the customer and/or the agency is authorized to publish the entire contents and subject matter of such material and that submitting customer/agency will defend and hold Talica harmless from any suit and costs arising from the publication of such material, including suits for libel, violation of privacy rights, plagiarism, and copyright and patent infringement.

Upon settlement in full amounts due under the terms of this contract, all electronic files hosted as part of the web site are considered the property of CLIENT. In the event of non-payment, Talica reserves the right to hold the customer and/or agency jointly and severally liable for such monies as are owed to Talica, plus 18% interest, plus any collection costs that are incurred, on all amounts over 60 days past due. Additionally, any account that goes over 60 days past due for either hosting or design fees, may be pulled with a notice of non-payment on the site.

CLIENT agrees to proofread web pages in a timely manner and will do so on a regular basis and when notified of new content. In the event of a content error arising exclusively from the fault of Talica, and that correction is not made within 2 business days, Talica's sole and limited liability shall be the pro-rated hosting/maintenance fee paid by the customer to Talica. Talica shall have no further or other liability and shall not be liable for an indirect, consequential, or other damages (including but not limited to loss of profits or business). All claims thereof must be made in writing to Talica within 10 days after online publication.

Talica is not liable for any delays in delivery and/or non-delivery, acts of God, actions by any government or government-related agency, fire, flood, equipment failure, or other acts beyond the control of Talica. Talica does not guarantee uninterrupted access to the site, as maintenance of servers and networks occasionally requires short periods of down-time which will result in temporary and infrequent interruptions of site access.

This contract is made in the State of Texas, County of Harris. Terms of any separate agreements are incorporated by reference only if so designated in such other document.

In the event Talica is unable to honor the terms of this contract, or in the event a service outage extends more than 48 hours after notification by customer of outage, customer can terminate contract and, upon settlement of amounts owed, transfer files to the Hosting Service Provider of its choice.