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Website Hosting & Maintenance Agreement

This AGREEMENT is made effective as of the date submitted between Mixture Web LLC, represented by Ryan Churchill (hereafter referred to as “Consultant”), and the individual completing this form as an authorized representative of their company (hereafter referred to as “Client”).

This agreement governs the terms of website hosting and related services, hereinafter referred to as the “Work.”

Whereas, Consultant is a professional web hosting agency;

Now, therefore, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:

Hosting & Domain Name Terms

If requested by Client, Consultant will cooperate with Client to register a domain name through GoDaddy.com. The Client shall retain full ownership of the domain name and any related intellectual property rights. The domain name may reside in either Mixture Web’s GoDaddy account or the Client’s registrar of choice, provided appropriate access is granted.

Client agrees not to hold Mixture Web responsible for any losses, damages, or liabilities, even in the event of Consultant negligence. Client assumes all risk by hosting with Mixture Web and acknowledges that no system is 100% secure.

Migration of Servers & Planned Outages

Client understands that periodic server migrations may occur. Dedicated IP addresses may change without notice, and uninterrupted IP consistency is not guaranteed. Any planned server maintenance or outages will be posted on the Mixture Web Facebook Page, typically outside of normal business hours. It is the Client’s responsibility to monitor these channels.

Abusive Activities & Security Violations

Client agrees not to use Mixture Web’s servers for mail bombs, denial of service attacks, hacking, or other abusive or illegal activities. Any such use may result in immediate suspension or termination of hosting services without prior notice.

The following activities are strictly prohibited:

Hosting or linking to hacking-related content

Using the website as an anonymous gateway or proxy

Running scripts that overload servers

Attempting to breach server security

Consultant reserves the right to remove any website, temporarily or permanently, that threatens server stability or violates these terms. All websites (including subdomains or add-ons) under a single account may be impacted.

Client also agrees to be bound by the cPanel EULA, and terms set forth by LiquidWeb.com and GoDaddy.com, which are hereby incorporated by reference.

Hosting Subscription Terms

Client agrees to a recurring annual subscription for website hosting. The initial term is one (1) year from the site’s launch date. The subscription will automatically renew annually unless notice is given at least 30 days in advance.

Termination

a) Either party may terminate this Agreement without cause by giving 30 days written notice.
b) Either party may terminate due to material breach if:

The breach is incurable, or

It remains uncured 30 days after written notice.

c) Either party may terminate immediately if the other becomes insolvent, unable to pay debts, or files for bankruptcy.

d) Upon termination or expiration:

Consultant will return all Client-owned materials.

Consultant will delete or return any confidential information.

Client agrees to pay any outstanding fees owed to Consultant.

Governing Law

This Agreement is governed by the laws of the State of Minnesota. Any disputes shall be resolved exclusively in the state or federal courts of Crow Wing County, Minnesota, and both parties submit to the jurisdiction of those courts.

Indemnification

Client shall indemnify, defend, and hold harmless Consultant and its officers, employees, agents, insurers, successors, and assigns against any losses, damages, claims, legal fees, or liabilities arising from the services provided under this Agreement.

Limitation of Liability

EXCLUSION OF INDIRECT DAMAGES: Under no circumstances shall either party be liable for any incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of data, business interruption, or lost profits, arising out of or relating to this Agreement.