| WEB750.com |
|---|
| Service Agreement |
|
This Agreement is made between WEB750 LLC ("WEB750 LLC") and the Customer, as specified in the order form. By submitting your order form you agree that you have read, accepted and agree to be bound by all the terms and conditions of this Agreement, the fee schedules in the online order forms, and any policies referred to in this Agreement (collectively the "Service Agreement"). WEB750 LLC reserves the right to modify the Service Agreement and may discontinue or revise any or all aspects of the service at our sole discretion. Such changes become effective when notice is posted on a web page on our website or via a control panel newsletter. You will be bound by the modified Service Agreement if you continue to use the service. |
| 1: Scope of Services |
| 1.1 What Web750 Provides |
| Subject to your compliance of the terms of the Service Agreement WEB750 LLC will provide web hosting services for the selected amount of storage space on our servers, a unique IP address (if included with your hosting plan), and your own web based control panel (the "Control Panel") containing links to summaries of the services and options you have chosen, newsletters and other current information (collectively the "Services"). |
| 1.2 IP Information |
| In performing the Services, WEB750 LLC maintains control and ownership of any and all Internet Protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion. |
| 2: Your Obligations |
| 2.1 Your site |
| You are responsible for producing, electronically uploading, maintaining and ensuring the proper and correct function of all HTML files, graphics, execution scripts, applets, data files and applications (the "Website Content") on your website, and you warrant that all Website Content shall be owned or properly licensed by you and shall not adversely impact the Services, infringe any US or international law, or violate any rights of any third parties. |
| 2.2 Age requirements |
| You certify that you are at least 18 years of age. If a customer is not at least 18 years of age, a parent or guardian’s name must be put on the account and will be responsible for payment off fees and the Website Content. If a minor (a person under 18) obtains an account through WEB750 LLC without parental approval, the Service Agreement shall not become void. |
| 2.3 Support |
| You acknowledge that use of the Services requires a certain level of knowledge in the use of Internet languages, protocols, and software, which can vary depending on your anticipated use and desired content of your website, and certify that you have the necessary knowledge to create, modify and maintain your website. WEB750 LLC assumes no responsibility to provide you with such knowledge, including but not limited to: knowledge of HTML; locating and linking documents; Telnet; Traceroute; transferring files via FTP; use of FrontPage, Dreamweaver or other web publishing tools; Use of Unix environment including interface commands, CGI-script installation, Perl, C, Shell scripts, permissions; Configuration and use of mail clients such as Outlook and Eudora to receive and send mail. Excessive support request based on very basic computer usage may require a neccesary support upgrade. |
| 2.4 Website Activity |
| You are responsible for all activity originating from your website, unless you prove to be a victim of outside hacking or address forgery. You further assume full responsibility for all material on your website including that which may have been put on by a third party (such as the usage of Free-For-All links pages). |
| 2.5 Tools |
| All tools and software provided under the Services are copyrighted and proprietary property owned by WEB750 LLC. To the extent that such tools and software are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code format for your internal use solely in connection with the Services provided under the Service Agreement. |
| 2.6 Access and Maintenance |
| You are responsible for providing all telephone and other equipment and services necessary to access and maintain your account via FTP. |
| 2.7 Backup |
| For disaster recovery purposes only, WEB750 LLC makes daily incremental backups and a full weekly backup of our servers. WEB750 LLC makes no warranties or guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You acknowledge you are fully responsible for maintaining all appropriate backups of files and data stored on WEB750 LLC’s servers. If data loss occurs due to an act or omission of WEB750 LLC, an attempt to recover the data will be made for no charge. In all other cases, WEB750 LLC will attempt to recover the data from the most recent archive for a fee of $150 per 1GB. |
| 2.8 Monitoring |
| You acknowledge that WEB750 LLC may monitor its systems electronically and access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its customers or for any other reason it in good faith deems necessary. WEB750 LLC will fully co-operate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report any suspected illegal activity it becomes aware of. |
| 2.9 Legal Use |
| You will ensure that you have the legal right to use the domain name and in the event of a dispute will abide by the decision of the relevant regulatory body. There is a one-time fee of $15 for replacing the domain name of an existing account with another domain name, whether it's from a spelling error or any other reason. |
| 3: Limited Warranty; Limitation of Liability; Indemnification |
| 3.1. Limited Warranty |
| You expressly agree that use of the Services is at your sole risk. Neither WEB750 LLC nor any of its information providers, licensers, employees, or agents warrant that the Services will be uninterrupted or error free or free from viruses or other harmful components; nor does WEB750 LLC or any of its information providers, licensers, employees, or agents make any warranty as to the results to be obtained from use of the Services. The Services are distributed on an "as is" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose or otherwise, other than those warranties which are implied by and incapable of exclusion, restriction, or modification under the laws applicable to the Service Agreement. Neither WEB750 LLC nor anyone else involved in creating, producing or delivering the Services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of use of the Services or inability to use the Services or out of any breach of any warranty. You expressly acknowledge that under no circumstances will WEB750 LLC be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services and further acknowledge that these matters are outside the control of WEB750 LLC. |
| 3.2. Limitation of Liability |
| IN NO EVENT SHALL WEB750 LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PURE ECONOMIC LOSS, LOSS OF BUSINESS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THE SERVICE AGREEMENT OR YOUR USE OR INABILITY TO USE WEB750 LLC's SERVICES (INCLUDING, BUT NOT LIMITED TO INOPERABILITY OF WEB750 LLC SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WEB750 LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WEB750 LLC MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO WEB750 LLC FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, WEB750 LLC LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ANY ACTION FOR ANY CLAIM ARISING UNDER, OR IN CONNECTION WITH THE SERVICE AGREEMENT MUST BE COMMENCED BY YOU WITHIN SIX (6) MONTHS AFTER THE ALLEGED CAUSE OF ACTION HAS ACCRUED OR AFTER THE DATE OF TERMINATION OF THIS AGREEMENT, WHICHEVER IS EARLIER. |
| 3.3. Indemnification |
| You agree to indemnify, defend and hold WEB750 LLC and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of the Service Agreement or from your placement or transmission of any materials or content onto WEB750 LLC's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to WEB750 LLC's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by WEB750 LLC's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business. |
| 4: Payment of Fees |
| 4.1 Fee Increases |
| WEB750 LLC will publish notice of fee increases on our website or via Control Panel newsletter at least 28 days before such increases take effect. |
| 4.2 Billing Information |
| You agree to provide WEB750 LLC with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment data and to update this information immediately if any change occurs. |
| 4.3 Payment |
| Customers on Monthly, Semi-Annually and Annually contract may only pay by Credit Card. Customers on Annual contract may choose to pay by Credit Card or Check/Money Order. All payments must be submitted in advance of receiving the Services. |
| 4.4 Email Billing |
| You acknowledge that WEB750 LLC will bill your credit card prior to the Payment Interval you have chosen. You authorize automatic billing by WEB750 LLC on an on-going basis during the term of the Service Agreement. Customers paying by check/money order must remit payment within seven (7) days of invoice. |
| 4.5 Billing Policy |
| All accounts will be billed at each designated interval (monthly, semi-annually or annually) automatically and without specific notice. You are responsible for terminating account (s) and associated billing except as noted below in cases of violation of WEB750 LLC policies. |
| 4.6 Overdue Accounts |
| Overdue accounts are those that remain unpaid at the beginning of the next Payment Interval. The Services will be suspended if your account is overdue for more than two (2) days, and WEB750 LLC will insert a message at your website address indicating your suspension that visitors to your website will see OR suspend website by de-activating account. Notwithstanding any other rights WEB750 LLC may have in the Service Agreement, all of your website contents will be destroyed if your account remains in suspension for more then seven (7) days. WEB750 LLC accounts continue to accrue charges while they are overdue or if the Services are suspended. There will be a $29 late payment fee for all overdue accounts. If an amount due remains delinquent for more than 30 days after the due date, an additional 2% penalty will be added for each month of delinquency (24% APR). Each month this penalty will be calculated on the current amount delinquent including all accumulated late fees and penalties for previous months. |
| 4.7 Credit Cards |
| Customers paying by Credit Card must ensure we have details of a valid credit card registered at the billing address. If a request for payment is rejected, WEB750 LLC may consider this grounds for immediate suspension or termination unless a valid card is submitted within seven (7) days. Because of the risk of fraud, WEB750 LLC will terminate your account immediately and without notice if two bad cards are offered in any 6 month period. There will be a $35 processing fee for all illegitimate Credit Card chargebacks. |
| 4.8 Checks |
| Customers paying by check must submit check either in US Dollars (USD) drawn on a US bank. There will be a $35 processing fee for each check returned unpaid. |
| 4.9 Reconnection |
| If your account is suspended or terminated for any reason permitted by the Service Agreement, you will be charged a reconnection fee to restart your account. The reconnection fee for suspended accounts is $29.00. A terminated account may be reconnected, at our sole discretion, for a fee of $35.00. |
| 4.10 Your Responsibilities |
| You acknowledge responsibility for your account until payment in full is made and further acknowledge that you may not withhold or "set off" any amounts due in any circumstances. WEB750 LLC reserves the right to withhold the Services without prejudice until all amounts determined delinquent are paid in full. |
| 4.11 Free Domain Name |
| Free Domain Name – As a part of our service promotion Web750 will register and pay for the domain name for the customer as long as the customer uses our hosting services. Since Web750 purchases domain names through our bulk corporate account using SFWebHost.com – all new domains will be registered under the Web750 name. If the customer wants to become an owner of a domain name then Web750 can transfer the ownership of the domain name to the customer. You pay for an “Assisted Transfer” service and Web750 will transfer the customer’s domain name from our corporate domain registration account to the Customer’s Individual Domain Name account. After the customer transfers the domain name to his own Individual Account then the customer is responsible for paying a domain registration fee – Web750 only covers domain registration as long as it’s registered and serviced through a Web750 Corporate Domain Registration account. In order to perform “Assisted Transfer” a customer’s account has to be in good standing. |
| 5: Acceptable Uses |
| 5.1 Content |
|
All services provided by WEB750 LLC may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States or International law, statute, treaty or regulation is prohibited. This includes, but is not limited to illegal material, material protected by copyright or other intellectual property right of any person, material we judge to be threatening or obscene or material protected by trade secret or other statute. Also prohibited are sites that promote any illegal activity or present content that may be damaging to WEB750 LLC servers or any other server on the internet. Links to such materials are also prohibited. You agree to fully indemnify and hold harmless WEB750 LLC and its affiliates, directors, officers, employees and agents from any claims, liabilities and demands arising from any criminal or civil legal action as a result of WEB750 LLC’s storage of such information or material. Examples of unacceptable content or links
WEB750 LLC will be the sole arbiter as to what constitutes a violation of this provision. |
| 5.2 Commercial Advertising – E-mail |
| Spamming, sale of spam software, providing access for spam, or the sending of unsolicited e-mail, from an WEB750 LLC server or using an e-mail address or domain that is maintained on an WEB750 LLC machine as reference is STRICTLY prohibited. WEB750 LLC will be the sole arbiter as to what constitutes a violation of this provision. Violators will be charged for up to $2,500 per issue. |
| 5.3 System Security |
|
You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at WEB750 LLC or at any other site. Use or distribution of tools designed to compromise security, or containing viruses or Trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. If you are involved in violations of system security you may be subject to criminal and civil liability. WEB750 LLC reserves the right to release the names of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents and to fully co-operate with law enforcement authorities in investigating suspected lawbreakers. |
| 5.4 Server Abuse |
| Any use of WEB750 LLC systems that undermines, causes harm to or disrupts the normal use of WEB750 LLC servers or Services for others is considered Server Abuse and is grounds for immediate account termination. Examples of server abuse include: spawning excessive processes; persistent consumption of excessive CPU cycles (CPU time) or memory; running Internet Relay Chat or IRC bots; running background programs or processes without written authorization; operating a downloads site; sending in excess of 500 emails a day; or actions that may result in retaliatory actions against WEB750 LLC servers and systems. WEB750 LLC will be the sole arbiter as to what constitutes a violation of this provision. |
| 5.5 System Resources |
| Excessive use of system resources including but not limited to CPU time, memory and network resources will result in immediate account suspension. You will then be requested to reduce the resource use to an acceptable level, or pay for the additional hardware or other resource needed to compensate. WEB750 LLC will be the sole arbiter of what constitutes excessive use of System Resources. |
| 6: Termination |
| 6.1 Money-Back Guarantee |
|
Every new shared hosting package account (Premium and SD1 All-in-One packages) comes with a 30-day money-back guarantee. If you choose to cancel your account within the first 30 days we will refund all routine account fees, exclusive of any setup, domain registration fees, disk or bandwidth upgrade fees, credit card processing fees and/or bandwidth overages. VDS packages, Web750 Managed Dedicated Server (MD), PPV Hosting, SSL Certificates and web hosting extra services (such as Traffic Blazer and Email Marketing) fees are not refundable. |
| 6.2 Cancellation Policy |
| Accounts cancelled after 30 days do not qualify for refund of any pre-paid fees, including accounts on annual contract. All WEB750 LLC accounts must be paid in full before cancellation will be considered complete. |
| 6.3 How to Cancel |
| Cancellation requests will be only accepted by our Cancellation Department - by Email (cancel@web750.com) or Fax (1-800-550-0161 Attn: Account Cancellation), please including your domain name and last 5 digits from your credit card for verification. Cancellation will be completed within 12 business days of receipt of a valid cancellation request. Please ensure you allow sufficient time to avoid any recurring billing charges. |
| 6.4 Right to Suspend/Terminate |
| WEB750 LLC reserves the right to suspend or terminate the Services to you and remove or prevent access to any material on your website at any time, without prior notice or liability, for any conduct that WEB750 LLC, in its sole discretion, believes violates the Service Agreement or is otherwise harmful to WEB750 LLC's interests or the interests of other account holders. |
| 7: Refusal of Service |
| 7.1 Violation Penalties |
| Depending upon the nature and severity of any violation of the Service Agreement, WEB750 LLC may send you an email warning detailing the nature of the violation. If you do not remedy the violation within twenty four (24) hours your account will be suspended. Any reconnection of a suspended account will be subject to a reconnection fee. |
| 7.2 Termination |
| If, in WEB750 LLC's sole discretion the nature or extent of any violation is severe enough, WEB750 LLC may terminate the Services immediately and without prior written notice. Any reconnection of a terminated account will be subject to a reconnection fee, however WEB750 LLC reserves the right to deny all future access upon termination. |
| 7.3 Failure to Follow Terms |
| All Sub-Networks, distributive hosting sites and dedicated servers of WEB750 LLC must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation. |
| 8: General Terms |
| 8.1. Assignment |
| You may not sell, transfer, or assign your rights or obligations under the Service Agreement without WEB750 LLC’s written consent. No such assignment, even if consented to, will relieve you of your obligations under the Service Agreement prior to the date of the assignment. WEB750 LLC is not obliged to give its consent in any circumstances. |
| 8.2. Waiver |
| The waiver or failure of either you or WEB750 LLC to exercise any right provided under the Service Agreement shall not be deemed a waiver of that or any other right in the Service Agreement. |
| 8.3. Invalidity |
| If any provision of the Service Agreement is held by a court of competent jurisdiction to be contrary to law, the remaining provisions of the Service Agreement shall remain in full force and effect. |
| 8.4. Whole Agreement |
| This Agreement and the Online Order form, together with any document expressly referred to in any of its terms, contains the entire Service Agreement between you and WEB750 LLC and supersedes any and all previous agreements, arrangements, undertakings, communications or proposals, written or oral, between you and WEB750 LLC. |
| 8.5. Headings |
| The headings in the Service Agreement have been added to aid readability and will be disregarded in construing the Service Agreement. |
| 8.6. Law |
| The TOS and the relationship between you and Web750 LLC shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Web750 LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. |
| 8.7. Capacity |
| You and WEB750 LLC agree that you have read and fully understand the Service Agreement and agree to be bound by its terms. |
| 8.8. Force Majeure |
| Neither party shall be liable for any breach of the Service Agreement due to any cause beyond its reasonable control (save an obligation in respect of the payment of monies) including but not limited to Acts of God, inclement weather, flood, lightning or fire, industrial action, act or omission of government or other competent authority, riot, war, or act or omission of any other party for whom that party is not responsible. ("An act of force majeure."). |
| 8.9. Data Protection |
| You acknowledge and consent that any of your information ("Data") collected by WEB750 LLC in fulfilment of the Service Agreement, including but not limited to Data collected during order processing, delivery, installation, support and maintenance of the Services may for the purposes of fulfilling the contract be processed by WEB750 LLC, its provisioning entities, affiliates and agents both within and outside the USA, and outside the country or countries where the data is collected. |
| [Close Window] |