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Web Designers Hosting Inc. Terms Of
Service You Must Read Terms Of Service And Agree Before Establishing Service
From Us 1.Ordering: All agreements made with Web Designers Hosting fall under the TOS of Web Designers Hosting and Design. Please read the following Terms Of Service agreement before proceeding, then continue ordering. These policies to are designed to protect the best interests of our customers as a whole. Web Designers Hosting’s policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used. Web Designers Hosting is a web presence provider allowing a client's web site to be accessed via the client's domain name (i.e theirname.com) by anyone with access to a web browser connected to the Internet. Web Designers Hosting provides the disk space in which the files composing client's web site reside and a connection capable of transmitting said files to End User. Said services are often referred to as "Web Hosting." Web Designers Hosting only handles the registration process for Client's domain name if specifically requested by the client. Web Designers Hosting in no way holds any responsibility for payment of fees required by ICANN for Client's domain name, expect per section 14 of these policies. Client agrees to pay all charges requested by ICANN accredited registrars who will bill client separately without any contact with Web Designers Hosting Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, Web Designers Hosting does not make, and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose. 2. Authorization of Charges Client authorizes Web Designers Hosting to charge credit card supplied by Client per month. If Client requests additional storage space Client authorizes Web Designers Hosting to charge an additional price listed by Web Designers Hosting. If verification of Client's supplied credit card information fails requested charge by Trouble Free for initial annual fees or for any of the annual fees thereafter Web Designers Hosting reserves the right to refuse, suspend, or cancel service pending Web Designers Hosting's receipt of valid credit card information from Client. Client agrees to notify Web Designers Hosting of any changes to Client's credit card information. 3. Content Restrictions All services provided by Web Designers Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyright or trademarked material and material protected by trade secret. Sites that promote any illegal activity, such as warez sites, are prohibited on non-adult servers. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any Web Designers Hosting Host's servers. Examples of unacceptable content include, but are not limited to the following: Pirated software, Hacker programs or archives, illegal MP3 files or archives, Copyrighted Movies. IRC servers are strictly prohibited. Web Designers Hosting reserves the right to remove any material from Client's web space that is deemed unacceptable by us. Web Designers Hosting reserves the right to terminate Client's account without refund at our discretion if said material is discovered. Web Designers Hosting is the sole arbiter as to what constitutes a violation of the above provisions. 3.b is only applicable reseller accounts. No site may use more than 15% of the total server output at any given time. 4. CGI/PHP Application Restrictions Section 4 is only applicable to reseller accounts. The Client is allowed to freely install CGI/PHP applications. However, Web Designers Hosting reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely. 5. Spam Policy Web Designers Hosting servers may not be the source, intermediary, or destination address involved in the transmission of Spam, Spam-ware and other Spam Software, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above. Web Designers Hosting considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail. The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one hundred (100) US dollars will be imposed for each spam policy violation. Web Designers Hosting is the sole arbiter as to what constitutes a violation of the above provisions. 6. Server Abuse Any attempt to undermine or cause harm to a Web Designers Hosting server or another Web Designers Hosting Client is strictly prohibited. Any attempt to undermine any Web Designers Hosting site or a web site of another Web Designers Hosting Client is strictly prohibited and may result in immediate termination of services rendered by Web Designers Hosting without refund. Web Designers Hosting is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two hundred (200) USD may be implemented for intentional server abuse. 7. Indemnification Client agrees that it will defend, indemnify, and hold harmless Web Designers Hosting from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against Web Designers Hosting, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors. The Client agrees that it will defend, indemnify, and hold harmless Web Designers Hosting against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with Web Designers Hosting's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from Web Designers Hosting's servers. Web Designers Hosting assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights. 8. Disclaimer Web Designers Hosting will not be held responsible for any damages you or your business may suffer. Web Designers Hosting makes no warranties of any kind, expressed or implied, for services rendered. Web Designers Hosting disclaims any warranty or merchantability or fitness for a particular purpose. Web Designers Hosting assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majored. Web Designers Hosting will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Clients be entitled to recover damages from Web Designers Hosting. 9. Term The term of this Agreement will continue until a notice of cancellation by Web Designers Hosting or Client is given, or until terminated under other provisions of this Agreement. Web Designers Hosting reserves the right to terminate this Agreement with cause upon notification to the Client. Web Designers Hosting may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Web Designers Hosting to implement this Agreement is disrupted or terminated for any reason. 30 Day money back refunds are exlusive to a clients basis of improper service to be determined by Web Designers Hosting hence excludes any partions to customer fault, or dispute of initial services rendered. Customers paying 6 Months, Yearly or Bi Yearly subscriptions for hosting services will not be entitled to any refund past a 30 day "Trial Period". Such exclusions may be granted as a client by client basis, to be determined by Web Designers Hosting's billing department. 9.b These policies can be modified or changed at any time by Web Designers Hosting with or with out prior notice to client. In most cases Web Designers Hosting will inform client of any major policy changes. 9.c Web Designers Hosting has the right to choose payment method. Web Designers Hosting accepts all Credit Cards and Pay-Pal. Any other form of payment is decidable by Web Designers Hosting. If amount due to Web Designers Hosting can not be paid by these forms of payment, Web Designers Hosting will not be held liable and may hold all services and assets under customers accounts up to the amount owed to Web Designers Hosting, Including but not limited to Dedicated Servers, Reseller Hosting, Hosting and Domains. 9.d Any reseller accounts will automatically be on a semi annual contract. If the client decides to end their reseller’s account any remaining months of payment up to 6 months will be the clients responsibly to pay to Web Designers Hosting. 9.e If a client using normally hosting plans decides to end there hosting with Web Designers Hosting 1 months notice must be given. If this notice is not given the client will still be responsible for the remaining month of payment. If any advance payments have been made for hosting and have not been utilized at time of canceling said payments will not be refundable. 9.f Dedicated server clients beyond there first month who chooses to end there dedicated server agreement are responsible for a one months notice of cancellation. If they do not give the one month notice they will still be responsible for the payment of said server for one more month. Dedicated server clients that choose to end there agreement with Web Designers Hosting within the first month waive there right to a refund. If due to circumstances that Web Designers Hosting finds it applicable to issue a refund (exp. Server did not meet the needs of the client due to no fault of there own) Web Designers Hosting will charge a $75.00 set up fee and a prorated amount per each days use. 10. Presumption of Agreement By signing up with Web Designers Hosting, be it using Web Designers Hosting's online sign up form or contacting in any way an employee, officer, agent, and director with request for Web Designers Hosting to provide Client services, Client (1) authorizes Web Designers Hosting to take the actions necessary in order to setup Client's account, including charging credit card supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law. 11. Default In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Web Designers Hosting will be entitled to damages, costs, and attorney's fees from the Client. 12. Invalid or Non-enforceable Provisions The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto. 13. Choice of Law / Venue This Agreement will be construed and enforced in accordance with the laws of the State of NJ and the venue for any action, dispute or proceeding with respect to this Agreement will be NJ Captions. The captions in this Agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this Agreement. Amendments and Modifications Web Designers Hosting may make amendments or modifications to this Agreement at any time. Whenever practical, Web Designers Hosting will notify Client of changes to this Agreement. Clients are responsible for frequently backing up their files on our system. Web Designers Hosting cannot be held responsible for the deletion of users' files, whether intentional or unintentional. 14. Domain Agreement Web Designers Hosting may provide new top-level domain name for new clients as requested by them, on packages with specifically state this. These domain names carry no charge for renewals thereafter to the client while client remains hosted at Web Designers Hosting The client is responsible for renewing domain name by contacting the sales department. Should client decide to switch hosting providers, client agrees to pay for all fees included in transferring ownership of their domain name when applicable. 15. Late Payment / Fee Agreement Web Designers Hosting late payment fees will be applied 48 hours after payment was due. Example: If your payment is due on the first and the client has not paid by the end of day on the 3rd said client will be responsible for late fees. If a payment agreement is not made by the end of the 4th day after payment was due the clients hosting will be suspended until payment is made. The said client will still be responsible for hosting payments even if said hosting package is suspended. If the client dose not cancel there hosting, charges will continue to be acquired. 15.b Late payment will vary depending on the hosting plan the client has. The current late fees are: 1. Normal Hosting - $5.00 2. Resellers - $10.00 3. Servers - $20.00 4. Shoutcast - $5.00 |
     
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