If for any reason your are not satisfied with the Hosting Services provided, we
offer a full money back promise. Simply cancel your Hosting Plan within the first
thirty days of service and we will refund your money.
Web Hosting Spot, LLC. Terms & Conditions Agreement
1. Term and Payment for Services
2. Use of Services
3. Enforcement
4. Intellectual Property Rights
5. Warranty; Warranty Disclaimer
6. Limitation and Exclusion of Liability
7. Indemnification
8. Miscellaneous
You must accept the terms of this Agreement in order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS
WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
Web Hosting Spot reserves the right to change or modify any of the terms and conditions
contained in this Agreement, any Addendum and any policy or guideline incorporated
by reference at any time and from time to time in its sole discretion, and to determine
whether and when any such changes apply to both existing or future customers. Any
changes or modification will be effective upon posting of the revisions on the Web
Hosting Spot Web site (the "Site"). Your continued use of Services following
Web Hosting Spot's posting of any changes or modifications will constitute your
acceptance of such changes or modifications.
This Agreement shall be for an "Initial Term" as chosen by you in the
Order Form located on this Site at the time you register for the Services. This
Agreement will be automatically renewed (the "Renewal Term") at the end
of the Initial Term for the same period as the Initial Term unless you provide Web
Hosting Spot with notice of termination thirty (30) days prior to the end of the
Initial Term or the Renewal Term.
If you terminate your receipt of the Services prior to the end of the Initial Term
or the Renewal Term, whichever is then applicable, (a) Web Hosting Spot will not
refund to you any fees paid in advance of such termination and (b) you shall be
required to pay 100% of Web Hosting Spot's standard monthly charge for each month
remaining in the term, unless otherwise expressly provided in this Agreement. Notwithstanding
the foregoing, if you terminate your receipt of Shared Hosting Services prior to
the end of the first thirty (30) days of the Initial Term, you are entitled to a
refund of the fees you paid in advance for the monthly Services, not including any
setup fees. Your termination request or notice must be submitted to Web Hosting
Spot in the manner described in Section 1.1. Web Hosting Spot may terminate this
Agreement at any time and for any reason by providing to you written notice thirty
(30) days prior to the date of termination. If Web Hosting Spot terminates this
Agreement, Web Hosting Spot will refund to you the pro-rata portion of prepaid fees
attributable to Services (excluding setup fees) not yet rendered as of the termination
date unless otherwise expressly provided in this Agreement. If termination was enforced
to due violations that result in damages or fees assigned to Web Hosting Spot on
your behalf, no refunds shall apply and you will be held liable for such fees.
In the event that either party hereto defaults in the performance of any of its
material duties or obligations under this Agreement, including failure to make any
payments due under this Agreement, and such default is not cured within five (5)
days after written notice is given to the defaulting party specifying the default,
then the party not in default, after given written notice thereof to the defaulting
party, may terminate this Agreement.
You agree to pay for all charges attributable to your use of the Services at the
then current Web Hosting Spot prices, which shall be exclusive of any applicable
taxes. You are responsible for the payment of all federal, state, and local sales,
use, value added, excise, duty and any other taxes assessed with respect to the
Services, other than taxes based on Web Hosting Spot's net income.
All charges for Services must be paid in advance according to the then current prices
applicable to the Services. Upon entering this Agreement, you must choose to pay
either by direct charge to a credit or debit card. If you choose to pay by credit
or debit card upon registering for the Services, you thereby authorize Web Hosting
Spot to charge your credit or debit card to pay for any charges that may apply to
your account. You must notify Web Hosting Spot of any changes to your card account
(including, without limitation, applicable account number or cancellation or expiration
of the account), your billing address, or any information that may prohibit Web
Hosting Spot from charging your account. Web Hosting Spot may also create periodic
invoices for any applicable Supplemental Charges associated with your use of the
Services. You agree to pay to Web Hosting Spot the amount indicated in each invoice
by the due date reflected on that invoice. If you fail to pay any fees and taxes
by the applicable due date for credit card or invoice payments, late charges of
the lesser of one and one-half per cent (1.5%) per month or the maximum allowable
under applicable law but at no time less than $15 shall also become payable by you
to Web Hosting Spot . In addition, your failure to fully pay any fees and taxes
within five (5) days after the applicable due date will be deemed a material breach
of this Agreement, and Web Hosting Spot may, in addition to any other remedy it
may have: (i) suspend its performance of the Services and/or terminate this Agreement;
and/or (ii) At the time of such nonpayment, Web Hosting Spot may, delete any and
all content from the Web Hosting Spot Servers. Any such suspension or termination
of the Services would not relieve you from paying past due fees plus interest. In
the event of collection enforcement, you will be liable for any costs associated
with such collection, including, without limitation, reasonable attorneys' fees,
court costs and collection agency fees.If you ever feel that Web Hosting Spot incorrectly
charged your credit card you must contact sales for a correction. If you do contact
your credit card company and issue a chargeback then you will be responsible for
the $45 chargeback fee. If you do not pay this fee then your full account will be
closed.
If you ever feel that Web Hosting Spot incorrectly charged your credit card you
must contact billing for a correction. If you do contact your credit card company
and issue a chargeback then you will be responsible for the $50 chargeback fee.
If you do not pay this fee then your account will be terminated.
The Web Hosting Spot Acceptable Use Policy (the "Usage Policy") govern
the general policies and procedures for use of the Services. The Usage Policy is
posted on Web Hosting Spot's Web site (or such other location as Web Hosting Spot
may specify) and may be updated from time-to-time. YOU SHOULD CAREFULLY READ THE
USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE
POLICY AND ANY MODIFICATIONS. Web Hosting Spot RESERVES THE RIGHT TO TERMINATE YOUR
ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.
Unless we have agreed otherwise in a separate agreement, you must ensure that all
material and data placed on Web Hosting Spot's equipment is in a condition that
is "server-ready," which is in a form requiring no additional manipulation
by Web Hosting Spot . Web Hosting Spot will make no effort to validate any of this
information for content, correctness or usability. If your material is not "server-ready",
Web Hosting Spot has the option at any time to reject this material. Web Hosting
Spot will notify you of its refusal of the material and afford you the opportunity
to amend or modify the material to satisfy the needs and/or requirements of Web
Hosting Spot . Use of the Services requires a certain level of knowledge in the
use of Internet languages, protocols and software. This level of knowledge varies
depending on the anticipated use and desired content of your Web site. You must
have the necessary knowledge to create and maintain a Web site. It is not Web Hosting
Spot's responsibility to provide this knowledge or customer support outside of the
Services agreed to by you and Web Hosting Spot .
You agree that use of the Services under this Agreement will not exceed the bandwidth
and storage usage limits set out. If you use any bandwidth or storage space in excess
of the agreed upon number of megabytes per month, you agree to pay the associated
additional charges. Data stored in your user account on a Web Hosting Spot Server
is not owned by Web Hosting Spot; therefore Data preservation is the ultimate responsibility
of you, the client. Web Hosting Spot is in no way responsible for the client’s
data and or the backup of that data.
Web Hosting Spot may investigate any reported or suspected violation of this Agreement,
its policies or any complaints and take any action that it deems appropriate and
reasonable under the circumstance to protect its systems, facilities, customers
and/or third parties. Web Hosting Spot will not access or review the contents of
any e-mail or similar stored electronic communications except as required or permitted
by applicable law or legal process.
Web Hosting Spot reserves the right and has absolute discretion to restrict or remove
from its servers any content that violates this Agreement or related policies or
guidelines, or is otherwise objectionable or potentially infringing on any third
party's rights or potentially in violation of any laws. If we become aware of any
possible violation by you of this Agreement, any related policies or guidelines,
third party rights or laws, Web Hosting Spot may immediately take corrective action,
including, but not limited to, (a) issuing warnings, (b) suspending or terminating
the Service, (c) restricting or prohibiting any and all uses of content hosted on
Web Hosting Spot's systems, and/or (d) disabling or removing any hypertext links
to third party Web sites, any of your content distributed or made available for
distribution via the Services, or other content not supplied by Web Hosting Spot
which, in Web Hosting Spot's sole discretion, may violate or infringe any law or
third-party rights or which otherwise exposes or potentially exposes Web Hosting
Spot to civil or criminal liability or public ridicule. It is Web Hosting Spot's
policy to terminate repeat infringers. Web Hosting Spot's right to take corrective
action, however, does not obligate us to monitor or exert editorial control over
the information made available for distribution via the Services. If Web Hosting
Spot takes corrective action due to such possible violation, Web Hosting Spot shall
not be obligated to refund to you any fees paid in advance of such corrective action.
To comply with applicable laws and lawful governmental requests, to protect Web
Hosting Spot's systems and customers, or to ensure the integrity and operation of
Web Hosting Spot's business and systems, Web Hosting Spot may access and disclose
any information it considers necessary or appropriate, including, without limitation,
user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic
information, usage history, and content residing on Web Hosting Spot's servers and
systems. Web Hosting Spot also reserves the right to report any activity that it
suspects violates any law or regulation to appropriate law enforcement officials,
regulators, or other appropriate third parties.
You hereby grant to Web Hosting Spot a non-exclusive, worldwide, and royalty-free
license for the Initial Term and any Renewal Term to use your content as necessary
for the purposes of rendering and operating the Services to you under this Agreement.
You expressly (a) grant to Web Hosting Spot a license to cache materials distributed
or made available for distribution via the Services, including content supplied
by third parties, and (b) agree that such caching is not an infringement of any
of your intellectual property rights or any third party's intellectual property
rights.
All materials, including but not limited to any computer software (in object code
and source code form), data or information developed or provided by Web Hosting
Spot or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies,
equipment, or processes used by Web Hosting Spot to provide the Services to you,
including, without limitation, all copyrights, trademarks, patents, trade secrets
and other proprietary rights are and will remain the sole and exclusive property
of Web Hosting Spot or its suppliers, including but not limited to any software
programs, inventions, products and/or technology innovations and methodologies utilized,
developed, or disclosed by Web Hosting Spot during the term of this Agreement. Unauthorized
copying, reverse engineering, decompiling, and creating derivative works based on
the any such software is expressly forbidden except as permitted in this Agreement.
You may be held legally responsible for violation of any patent rights, copyright
or trade secret rights that is caused or encouraged by failure to abide by the terms
of this Agreement.
You hereby grant to Web Hosting Spot a limited right to use your trademarks, if
any, for the limited purpose of permitting Web Hosting Spot to fulfill its duties
under this Agreement. This is not a trademark license and no other rights relating
to the trademarks are granted by this Agreement. Specifically, but without limitation,
the rights granted by this Agreement do not include the right to sub-license use
of your trademarks or to use your trademarks with any other products or services
outside the scope of the Services provided under this Agreement. The limited trademark
use rights granted under this section terminate upon termination of this Agreement.
Web Hosting Spot is not responsible in any manner for any non-confirming Services
to the extent caused by you or your customers. In addition, Web Hosting Spot is
not responsible for loss or corruption of data in transmission, or for failure to
send or receive data due to events beyond Web Hosting Spot's reasonable control.
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY Web Hosting Spot UNDER THIS AGREEMENT
ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER.
YOU ACKNOWLEDGE AND AGREE THAT Web Hosting Spot EXERCISES NO CONTROL OVER, AND ACCEPTS
NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH Web Hosting
Spot's COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. Web Hosting
Spot DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT
TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED
UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST
FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER
HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT,
Web Hosting Spot DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE
ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE
SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH
RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.
You warrant, represent, and covenant to Web Hosting Spot that (a) you are at least
eighteen (18) years of age or are a duly organized and validly existing entity;
(b) you possess the legal right and ability to enter into this Agreement; (c) you
will use the Services only for lawful purposes and in accordance with this Agreement
and all applicable policies and guidelines; (d) you will be financially responsible
for the use of your account; (e) you have acquired or will acquire all authorization(s)
necessary for hypertext links to third-party Web sites or other content; (f) you
have verified or will verify the accuracy of materials distributed or made available
for distribution via the Services, including, without limitation, your content,
descriptive claims, warranties, guarantees, nature of business, and address where
business is conducted, and (g) your content and/or any software that you install
or provide does not and will not infringe or violate any right of any third party
(including any intellectual property rights) or violate any applicable law, regulation
or ordinance.
IN NO EVENT SHALL Web Hosting Spot HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED
ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO Web Hosting
Spot , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. Web Hosting
Spot SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF Web Hosting Spot HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF
Web Hosting Spot TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED
TO THE AMOUNT ACTUALLY PAID TO Web Hosting Spot BY YOU UNDER THIS AGREEMENT DURING
THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT
LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY Web Hosting
Spot UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION
OF RISK. ACCORDINGLY, YOU HEREBY RELEASE Web Hosting Spot FROM ANY AND ALL OBLIGATIONS,
LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED
BY LAW.
You hereby acknowledge and agree that Web Hosting Spot will not be liable for any
temporary delay, outages or interruptions of the Services. Further, Web Hosting
Spot shall not be liable for any delay or failure to perform its obligations under
this Agreement, where such delay or failure results from any act of God or other
cause beyond its reasonable control (including, without limitation, any mechanical,
electronic, communications or third-party supplier failure).
You hereby acknowledge and agree that Web Hosting Spot reserves the right to temporarily
suspend services for the purposes of maintaining, repairing, or upgrading its systems
and network. Web Hosting Spot will use best efforts to notify you of pending maintenance
however at no time is under any obligation to inform you of such maintenance.
You will defend, indemnify and hold harmless Web Hosting Spot and its officers,
directors, shareholders, employees, consultants, agents, affiliates and suppliers
(an "Indemnitee") from any and all threatened or actual claims, demands,
causes of action, suits, proceedings (formal or informal), losses, damages, fines,
penalties, liabilities, costs and expenses of any nature, including attorneys' fees
and court costs, sustained or incurred by or asserted against any Indemnitee by
any person, firm, corporation, governmental authority, partnership or other entity
by reason of or arising out of or relating to: (i) your violation or breach of any
term, condition, representation or warranty of this Agreement or any applicable
policy or guideline; (ii) your conduct, including but not limited to your negligence,
gross negligence, or willful misconduct; (iii) your use of the Services, including
any improper or illegal uses; (iv) any claim by a former employee of yours whose
employment has been or may be terminated in connection with or as a result of the
execution of this Agreement and performance of the Services by Web Hosting Spot
; or (v) any claim relating to your services or products, or your installation and/or
use of any third-party software, including but not limited to advertising, product
liability claims or infringement of any trademark, copyright, patent, trade secrets
or nonproprietary right of a third party (including, without limitation, defamation,
libel, or violation of privacy or publicity).
The parties each agree that all Confidential Information (as defined below) communicated
to it by the other is done so in confidence and will be used only for the purposes
of this Agreement and will not be used to compete with the other party or disclosed
to any third party without the prior written consent of the other party except as
permitted under this Agreement. "Confidential Information" means all information
in any form, including, without limitation, printed or verbal communications and
information stored in printed, optical or electromagnetic format, which relates
to the Services; or computer, data processing or electronic commerce programs and
software; electronic data processing applications, routines, subroutines, techniques
or systems; information which incorporates or is based upon proprietary information
of either party; or information concerning business or financial affairs, product
pricing, financial conditions or strategies, marketing, technical systems of either
party; or any information concerning customers or vendors of either party; or any
data exchange between a party and any customers or vendors. Exceptions to Confidential
Information include (1) information in the public domain; (2) information developed
independently by a party without reference to information disclosed under this Agreement;
or (3) information received from a third party without restriction and/or breach
of this or a similar Agreement. It is not a violation of this provision to disclose
Confidential Information in compliance with any legal, accounting or regulatory
requirement beyond the control of either Party or, but in such case, prior to disclosure,
the disclosing Party shall give written notice to the other Party to permit that
Party an opportunity to challenge such disclosure. If either Party is subpoenaed,
such Party shall give written notice to the other Party to permit that Party an
opportunity to challenge the disclosure of Confidential Information. Upon the termination
of this Agreement and upon written request of the disclosing Party, each Party shall
promptly return all Confidential Information of the other Party. This provision
shall survive the termination of this Agreement for two (2) years.
All notices, reports, requests, or other communications given pursuant to this Agreement
shall be made in writing, shall be delivered by hand delivery, overnight courier
service, fax, or electronic mail, shall be deemed to have been duly given when delivered.
THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE
OF TEXAS, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING
TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN TEXAS,
AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
This Agreement and all policies and guidelines incorporated in this Agreement by
reference constitutes the entire Agreement of the parties and may not be modified
or altered orally but only by an agreement in writing signed by both parties.
No Third-Party Beneficiaries Web Hosting Spot is not the agent, fiduciary, trustee
or other representative of you. Nothing expressed or mentioned in or implied from
this Agreement is intended or shall be construed to give to any person other than
the parties hereto any legal or equitable right, remedy or claim under or in respect
to this Agreement. This Agreement and all of the representations, warranties, covenants,
conditions and provisions hereof are intended to be and are for the sole and exclusive
benefit of the parties hereto.
You may not transfer or assign your rights, duties, or obligations under this Agreement
without Web Hosting Spot's prior written consent. Web Hosting Spot may assign its
rights and obligations under this Agreement and may utilize affiliate and/or agents
in performing its duties and exercising its rights under this Agreement, without
your consent. Subject to that restriction, this Agreement will be binding on, inure
to the benefit of, and be enforceable against the parties and their respective successors
and assignees.
Web Hosting Spot's failure to enforce the strict performance of any provision of
this Agreement will not constitute a waiver of Web Hosting Spot's right to subsequently
enforce such provision or any other provisions under this Agreement.
If any provision of this Agreement is deemed illegal, invalid, void or otherwise
unenforceable in whole or in part, that provision shall be severed or shall be enforced
only to the extent legally permitted, and the remainder of the provision and the
Agreement shall remain in full force and effect. If any provision of this Agreement
is deemed to be invalid, void or unenforceable only with respect to a particular
application, such term or provision shall remain in full force and effect with respect
to all other applications.
All provisions of this Agreement relating to your warranties, intellectual property
rights, limitation and exclusion of liability, your indemnification obligations
and payment obligations shall survive the termination or expiration of this Agreement.