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This Services Agreement (the "Agreement") contains
the complete terms and conditions which govern your subscription
of Web hosting, e-Commerce and other Internet-related services
provided by WebHostingSol.com, LLC (the "Services").
As used in this Agreement, "Web Hosting Solutions"
means WebHostingSol.com, LLC and "Client", "you",
or "your" means you. By clicking on the "Submit
Order" button, you acknowledge that you have read the
Agreement, and you agree to its terms and conditions and all
policies posted on the Web Hosting Solutions site. As referred
to in this Agreement, "Site" refers to a World Wide
Web site and "Web Hosting Solutions Site" refers
to the Site located at the URL http://www.WebHostingSol.com,
or any other successor Sites owned or maintained by Web Hosting
Solutions.
1. APPROPRIATE USE OF THE SERVICES.
Web Hosting Solutions provides the Services exclusively
and makes no effort to edit, control, monitor or restrict
the content of data other than as necessary to provide such
Services.
Client Content. Client agrees that it will not distribute,
electronically transmit or display any materials supplied
by Client - or through Client by a third party - to any
Web Hosting Solutions server in connection with Client's
use of the Services which:
violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright,
trademark, patent or other proprietary rights) of Web Hosting
Solutions or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes
hate
violate any Web Hosting Solutions policy posted on the Web
Hosting Solutions Site including, but not limited to, our
Acceptable Use Policy (includes Adult Content Policy), UCE
(SPAM) Policy, and CGI Abuse Policy.
contain viruses or other computer programming defects which
result in damage to Web Hosting Solutions or any third party.
Bandwidth. Client may occupy only the amount of disk space
on the Web Hosting Solutions Server and utilize no more
than the network bandwidth that is allotted by Web Hosting
Solutions. Additional fees, specified in the Virtual Host
plans page, will be charged for exceeding the disk space
and/or network bandwidth allowance of your selected plan.
No "SPAM". Client shall not use the Services for
chain letters, junk mail, spamming, or any use of distribution
lists to any person who has not given specific permission
to be included in such a process. Client also shall not
engage in any unsolicited email practices at Web Hosting
Solutions, or otherwise, that mentions or reference any
domain hosted on Web Hosting Solutions servers or parked
on Web Hosting Solutions DNS servers. NOTE: THIS POLICY
APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR
RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS,
NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators
will be fined! Refer to our UCE (SPAM) Policy).
Licensed Software Only. Client agrees to use only properly
licensed third party software in connection with Client's
use of the Services.
Back-Up Files. Client will have the ability to reinstate
files which are automatically archived by Web Hosting Solutions;
however, Web Hosting Solutions does not guarantee the existence,
accuracy, or regularity of its backup services and, therefore,
Client is responsible for making back-up files in connection
with its use of the Services. Backup capability is available
through the Client’s Control Panel.
Termination. Web Hosting Solutions reserves the right to
refuse service to anyone. Web Hosting Solutions, in its
sole discretion, may immediately terminate this Agreement
if Client engages in any of the foregoing. To report any
unacceptable behavior by a third party using the Services,
please contact abuse@WebHostingSol.com.
2. PAYMENT OBLIGATIONS
Service Fees. By the Tenth (10th) of each month, Web Hosting
Solutions shall either (i) debit Client's credit card (where
such information is provided by Client) or (ii) deliver
by e-mail an invoice to Client in accordance with the applicable
Services fees for services rendered for the current month.
Where an invoice is delivered to Client, Client shall remit
payment to Web Hosting Solutions by no later than 10 days
after the specified payment due date. Web Hosting Solutions
shall be entitled to immediately terminate this Agreement
for Client's failure to make timely payments to Web Hosting
Solutions. Certain services carry a set-up fee charged by
Web Hosting Solutions to Client that must be paid by Client
in order to have use of the Services. If Client terminates
this Agreement in accordance with Section 4 hereunder, Client
shall be responsible for any outstanding fees owed to Web
Hosting Solutions and agrees to pay any and all fees incurred
by Client. Because the Services are provided on a monthly
basis, unless a contract is in place, Client will be responsible
for Service fees incurred each month regardless of when
Client provides notice of termination. Thus, for example,
if Client provides notice to terminate on the 15th of a
particular month, Client will still owe fees for the entire
month and such fees will not be pro-rated or refunded. If
Client has retained the Services for one (1) year and has
pre-paid Web Hosting Solutions for such Services, refunds
will be issued for any unused full month month portions
less one month of the Services upon Clients request. Therefore,
if Client's account is cancelled at any point during the
one (1) year term, Client will be entitled to a refund for
all but one of the full months remaining after notice given
by the 25th of the preceding month.
Late payments. Any payment not received within twenty (20)
days of the invoice date, will be assessed a late fee of
one and one-half percent (1 1/2%) per month or the highest
rate allowed by applicable law, whichever is lower, with
minimum of a $5.00 fee. Customer also shall pay to Web Hosting
Solutions all expenses incurred by Web Hosting Solutions
in exercising any of its rights under this Agreement or
applicable law with respect to a Payment Default or other
breach by Customer, including, but not limited to, reasonable
attorneys' fees and the fees of any collection agency retained
by Web Hosting Solutions.
Taxes. Customer will be responsible for and will pay in
full, any taxes and similar fees now in force or enacted
in the future imposed on the transaction and/or the delivery
of Services.
Domain Names. If Client chooses to register a domain name(s)
through Web Hosting Solutions, Client acknowledges and agrees
that Client will pay a registration fee(s) to register the
domain name(s) with the applicable domain name registrar.
Web Hosting Solutions does not offer refunds for domain
name registrations for any reason, including misspelling
of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Web Hosting Solutions
be liable to any third party for Client's breach or alleged
breach of any of the terms and conditions set forth in this
Agreement. Client agrees to defend, indemnify and hold harmless
Web Hosting Solutions from any and all expenses, losses,
liabilities, damages or third party claims resulting from
Client's breach or alleged breach of any Client obligations
set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement
shall be effective on the date you register for the Services,
and shall continue in effect on a month-to-month basis unless
otherwise specified by separate agreement (the "Term")
unless terminated earlier pursuant to the provisions of
this Section 4. Either party will have the right to terminate
this Agreement upon notice to the other party. If Client
is terminating this Agreement, Client must follow instructions
for cancellation provided on the Server Cancellation Information
page. All cancellation requests must be received by the
25th of the respective month of cancellation. Any other
attempt by Client to cancel this Agreement by written or
e-mail notice shall be void. Sections 3 - 8 shall survive
termination or expiration of this Agreement.
If Web Hosting Solutions suspends a virtual account for
non-payment, Client shall be allowed to re-instate Client's
use of the Services within Five (5) business days of cancellation
upon approval from Web Hosting Solutions and full payment
of balances due.
If Web Hosting Solutions disconnects a Dedicated Server
or Colocation server for non-payment, the Client shall pay
a fee of Fifty Dollars ($50) prior to any re-instatement
of Client's server. Once payment has been received, Client's
account will be activated within Forty-Eight (48) business
hours. Web Hosting Solutions will maintain an archival copy
of Client's data files for (5) days after Web Hosting Solutions
disconnects the server.
If a Client terminates their account, Web Hosting Solutions
will disable the server/account the day the client specifies
the account is cancelled. Web Hosting Solutions will not
maintain an archival copy of the Clients Web site or files.
It is the responsibility of the Client to remove any data
off the server prior to the date provided in their cancellation
notice.
5. TAXES
Client will pay and indemnify and hold Web Hosting Solutions
harmless from any and all taxes associated with or arising
from Client's use of the Services, including any penalties
and interest and any costs associated with the collection
or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE Web Hosting Solutions SITE, INCLUDING
WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED
OR OFFERED ON THE Web Hosting Solutions SITE, AND ALL TEXT,
GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT
ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Web
Hosting Solutions DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Web Hosting
Solutions SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS
WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL
COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE
SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL Web Hosting Solutions BE LIABLE FOR DAMAGES
RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Web Hosting
Solutions SITE OR ANY Web Hosting Solutions PRODUCTS OR
SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT
OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED
HEREUNDER. IN NO EVENT SHALL Web Hosting Solutions CUMULATIVE
LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS
($500 US).
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