SMA Website Hosting Agreement Southern Medical Association (SMA) will provide Web Hosting services subject to the following terms and conditions. This Letter of Agreement, is entered into on the date entered at the time of electronic acceptance below by and between Southern Medical Association (SMA) and signing party for web hosting services. In consideration of the following Terms and Conditions, the receipt and sufficiency of which hereby acknowledged, the parties, intending to be legally bound, hereby agree to the following. Terms and Conditions Services Included - Hosting 1 Website • 1 Domain Name • 1 Email Address • Maximum 500 MB Storage • Maximum 1 GB Bandwidth • 1 Scheduled Monthly Backup • Website Setup • Domain Setup • Email Setup Services NOT Included - • Website Design and Build • Website Support • Website Maintenance • Content Management • Uptime Guarantee • Data Loss • Security • Virus/Malware Protection • Email Support Design Fees - The fees for design of the website will be determined by the type of website chosen. Member agrees to pay half of the estimated design fee up-front and the balance within 30 days of activation of the site. Changes and additions outside of the original estimate will incur additional fees. These may or may not have to be paid prior to final invoicing. Domain(s) - The hosting fee includes one (1) domain name and 1 email. Additional domain names and emails will be invoiced at the time of activation and annually thereafter as long as SMA hosts the site. Hosting Fee - Hosting will be at no cost to you as long as your membership within the Southern Medical Association is active and paid. Proprietary Information - Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof. Ownership - Content developed by the client or the client’s designer is the property of the client. Reasonable effort will be given to provide client all content related to the website upon termination of agreement Censorship - SMA will have the final decision over any content the association determined to be questionable and can remove any content it deems to be inappropriate. Warranties - SMA makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. SMA also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that you may suffer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions. Use of any information obtained by way of SMA is at your own risk, and SMA specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. SMA does not represent guarantees of speed or availability of end-to-end connections. SMA expressly limits its damages to you for any non-accessibility time or other down time during the system unavailability. SMA specifically denies any responsibilities for any damages arising as a consequence of such unavailability. Trademarks and Copyrighted Material - Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service. Termination - SMA or the Client may terminate this Agreement at its sole discretion by providing 30 days written notice. Disputes - If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals. Indemnification - Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against SMA directly or indirectly arising from or in connection with Client's relationship to SMA. General - If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of Alabama. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power. Email* By electronically signing below, I acknowledge I have read and agree to these terms and conditions.* First Last Date* Date Format: MM slash DD slash YYYY
