Web Hosting Service Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING WEBX360'S HOSTING SERVICES AND/OR PRODUCTS AND BY VIRTUE OF YOUR USE OF THE SERVICES, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
WebX360 Hosting provides web hosting to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All clients of WebX360 Hosting (WebX360, Inc.) are subject to the following terms of service:
SERVICE OFFERING
WebX360, Inc. agrees to provide the Website Hosting and other services ("Services") referenced in this agreement through its applicable subsidiaries and affiliates (herein, "WebX360", "WebX360 Hosting", "Provider" or "Company"). This Agreement (as defined below) between you ("you" may also be referred to as "Customer" or "Client") and WebX360 sets forth the legal rights and obligations governing WebX360 provisioning or delivering Services to you and your use of those Services. This Agreement consists of the following terms and conditions, any applicable "Product Ts and Cs" (those terms applicable only to other WebX360 Services ordered or used by you and which are listed at www.webx360host.com/legal) (collectively, and as applicable, the "Terms and Conditions"), along with any applicable tariffs, which are fully incorporated herein (collectively, the "Agreement"). For any Tariffed Services, in the event of a conflict between the Terms and Conditions and a tariff, the tariff shall control unless cancelled, upon which the Terms and Conditions shall control. In the event of any inconsistency between the terms contained herein and other applicable documents, and only to the extent of the inconsistency, the additional terms and/or Product Ts and Cs shall control. For example, to the extent early termination charges for a product are detailed in the other Product Ts and Cs, those terms shall control to the extent inconsistent with the terms contained herein.
TERM
This Agreement shall become binding and effective upon the earlier of your acceptance or your first payment for services, and shall continue on a month-to-month basis until such time as terminated in accordance with the terms hereof. Either party may terminate the agreement and your subscription at any time for any reason or no reason upon 10 days notice. Provider may immediately restrict, suspend or terminate without notice, your access to and use of the Provider's Service upon any breach of this agreement. In the event of any termination for breach of this agreement, you may not establish a new subscription with Provider for one year from the date of termination. Upon and after termination or suspension, Provider will not be obligated to provide you with access to any stored e-mail or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of Provider in operating the Provider's Service, any change in the content of the Provider's Service, or any change in the amount or type of fees charged in connection with the Provider's Service, is to terminate this agreement by delivering notice to Provider, effective the day Provider receives notification of termination.
RATES AND PAYMENT
Services are billed in advance monthly and are due prior to the month for which services are billed. Any optional services or software selected for the site will be billed under separate cover. At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 30 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee is nonrefundable).
We accept Visa, Master Card, Discover Card. Their are no contract periods but for each successive period, your contract is automatically renewed unless you are notified otherwise. For Clients that choose to pay by invoice and have been approved by Provider, there is an initial minimum Web Hosting agreement of one month or 3 months (depending on the option customer chooses), and all 3 month Web Hosting fees are billed quarterly. Client shall pay the initial fees set forth, prior to the commencement of service. The billing cycle begins upon Web Hosting Plan Activation Date. Thereafter, for quarterly payment options, the client shall be invoiced in advance for a minimum three (3) month period, at least fourteen (14) days prior to the expiration of the then current three (3) months period. Payment of the service fee is due prior to the first day of said three (3) months period. Unless otherwise indicated, all invoices are due upon receipt and your payment is considered late after 15 days. Provider may suspend the service without notice if payment for the service is overdue. If clients’ account is suspended for a balance due, client will be subject to a reactivation fee following a suspension of service for non-payment that exceed 24 hours. By proceeding and using the Provider's Hosting Services you agree to the terms and services.
You agree to pay Provider the then-current monthly charges for the Provider's Service, along with any connect time charges, surcharges, applicable taxes and other charges incurred by you or other users of your account via valid credit or other agreed upon method of payment. You may find information regarding current rates for using: (i) the Web-Site Hosting Service by calling 1.888.932.3987, or by viewing http://www.webx360host.com/. Customer agrees that Provider may pre-charge Customer's monthly service fee to the credit card or other agreed upon payment method supplied by customer during registration.
If Provider does not receive the full amount of Customer's Service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. Provider may suspend any services in progress including suspension of Client's hosting, without notice, and remain suspended until account balance is paid in full. If Clients’ account is suspended for a balance due, Client will be subject to a $80 reactivation fee. Client's hosting account will continue to accrue charges while on account suspension. Account suspension includes, but may not be limited to, website access, email and FTP services.
At such time if it becomes necessary in the sole option of “Provider” to proceed with a collection effort on amounts owed, all collections costs, court costs, and reasonable attorney’s fee’s and expenses associated with collecting amounts owed, plus all amounts past due including any fees or late charges for all Services purchased by the Client will be due and payable by Client. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms. Provider reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice. Provider may reduce any fees at any time without notice. In the event that your account is terminated or canceled, on-line time credited to your account is not convertible to cash or other form of credit. You are responsible for obtaining, providing and paying for all means of access (for example, telephone, DSL, or dial-up charges) associated with connecting to the Provider's Service (Provider encourages you to contact your local telephone company to determine whether your means of access is a toll-charge or not). You are responsible for all activities and charges resulting from use of your principal account on the Provider's Service.
Late Payments:
All accounts are billed according to the dates they were first activated on. If you will not pay for service renew in 5 days after deactivation, your account will be suspended. If you will not pay for service renew in 30 days after deactivation, your account will be terminated. You will receive an email reminder 5 days till deactivation.
ACCEPTABLE USE POLICY
Your use of the Services is subject to, and you agree to be bound by, the Provider Acceptable Use Policy ("AUP") found at www.webx360host.com/terms.php, and which is incorporated by reference herein. You acknowledge that you have read the AUP and agree to be bound by the current version of the AUP, which may be updated from time to time, and to comply with its terms, all laws, regulations and other legal requirements that apply to these terms and conditions, your use of the Service and your presence on the Internet.
Acceptable Use Policy of WWW.WEBX360.COM, WWW.WEBX360HOST.COM, and all related sites owned, operated or controlled by WebX360, Inc. (WebX360 website)
Acceptance of Terms Through Use
This site provides you the ability to learn about Provider and its products and services as well as the ability to access our network and services ("WebX360 Services or Provider's Services"). By using this site, and any other site owned and operated by Provider, you signify your agreement to the terms, conditions and notices of this policy. "You" when used in this statement shall mean the Provider's Customer of record and Provider's Customer end users.
This Acceptable Use Policy is used in conjunction with the terms of your service agreement. Violating any of these policies grants Provider the authority to take action to restrict or terminate your access to Provider's Services. We reserve the right, at our discretion, to update or revise this policy, any other policy or statement on any Provider's website, and any product offerings or programs described on any Provider's website. Please check back periodically to review any changes to this policy.
Provider's disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. Provider does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall Provider (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action. Any failure by Provider to enforce this policy in every instance in which it might have application does not amount to a waiver of Provider's rights
Lawful Use
You must use this site and the Provider's Services in accordance with the terms of this policy and your Provider's Service Agreement, and in accordance with all federal, state and local laws, ordinances, and regulations.
User Conduct, Prohibited or Unlawful Use
In order to maintain an informative and valuable service that meets the needs of the users of this site and Provider's Services, the following rules have been established to protect against abuse. Use of this site or Provider's Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site or Provider's Services or any other party's use or enjoyment of this site, the Provider's Services, is strictly prohibited.
Specifically, you may not:
Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Provider's Services or those of any other party
Additionally, you may not, by use of any Provider's Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in Provider's discretion:
A communication may be unsolicited if: (1) recipients' email addresses were not obtained through a personal or customer relationship between recipient and sender, (2) recipients did not affirmatively consent to receive communications from sender, or (3) recipients have opted out of receiving communications from sender when given notice of the opportunity to do so.
Provider reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Provider's Network. All services provided by Provider 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 City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Provider and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all Provider servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
PLEASE NOTE: The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, including those provided by the federal Controlling the Assault of Non-Solicited Pornography and Marketing Act ("CAN-SPAM") (P.L. 108-187) or Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.); the California Computer Crimes Act (Penal Code §502) (amended effective January 1, 1999); the Unsolicited Commercial Electronic Mail Act; and any other applicable statutes and regulations.
Your participation in online communication or use of any Provider's Service is not edited, censored or otherwise controlled by Provider. However, Provider reserves the right to monitor content on this site and any Provider's Services and to remove content, disable sites, or suspend or terminate services if Provider, in its discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
Customer’s Representations and Warranties
Customer hereby represents and warrants to Company, and agrees that during the Initial Term and any Term (as such terms are defined herein) thereafter for the Products, that Customer will ensure that:
International Use
Provider makes no representation that materials available on this site or any or through any Provider's Service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this site or any site hosted by Provider from other locations are responsible for compliance with local law.
Intellectual Property Rights
Copyright: All Provider web site design, text, graphics and the selection and arrangement, found on any Provider website, thereof are the copyrighted work of WebX360, Inc. © 1998-2026. All rights reserved. If any pages, information or content is copied, it may only be copied for non-commercial uses and Provider shall, in any event, retain all copyright and other proprietary interests therein.
Trademark: Provider; the Provider design logo, and all other related names, design marks, product or feature names are either registered trademarks or trademarks of Provider, Inc. in the United States and/or other countries. Provider marks may not be used without the express written permission of Provider. All other products and services referenced in this site are the trademark or services marks of their respective owners.
You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any Provider service. Nothing on any Provider website shall be interpreted or implied in such as way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Provider by virtue of it being displayed or made accessible on any Provider website. Except as expressly authorized, you agree not to use this site or any Provider's Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Provider's Services.
If you use a domain name or content in connection with the Provider web hosting, or any other web hosting service, you must not use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party.
User's Grant of Limited License
By posting or submitting content to any Provider website, you:
Internet Relay Chat Rules
You must not use any programs that may or will interfere with another's use of this site or Provider's Services. You must not run any Internet Relay Chat ("IRC") robot on any IRC server which might interfered with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC's service administrator.
Controlling Law and Termination
This Authorized Use Policy is subject to, and shall be construed and enforced in accordance with the laws of the Commonwealth of California without regard to its choice of law principles, and any disputes hereunder shall be brought in the United States District Court for the Southern District of California.
Notices
The Provider Terms of Service Agreement and Acceptable Use Policy prohibit acts of copyright and trademark infringement and other unlawful behavior by Provider subscribers. Provider takes subscriber violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.
General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to webx360.com Provider will reasonably investigate incidents involving such violations. Provider may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a Provider's subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please see the instructions on how to send your claim.
RIGHT TO MAKE SERVICE CHANGES
Provider retains the right to change, increase or decrease from time to time, in its discretion and without liability to Customer, the methods, processes and/or the suppliers by which Provider provides Services to Customer, as well as to change, add to or delete Service offerings with appropriate notice to Customer.
SOFTWARE AND INFORMATION PRODUCTS AND SERVICES
You acknowledge that except for software, information products or services ("Software/IT Product") clearly identified as being owned and licensed by Provider under separate terms, Software/IT Products are owned and licensed by suppliers, licensors, or affiliates of Provider. Any Software/IT Product accessible through the Provider's Service, and all merchandise, information and services offered or made available or accessible through the Provider's Service, are provided "AS IS." NOTHING IN THIS AGREEMENT OR YOUR USE OF THE SERVICES CONSTITUTES A TRANSFER OF ANY OWNERSHIP RIGHTS IN ANY SOFTWARE/IT PRODUCT. YOU ACKNOWLEDGE THAT USE OF THE PROVIDER SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY SOFTWARE/IT PRODUCT ACCESSIBLE THROUGH THE SERVICE (i) MAY BE SUBJECT TO US AND INTERNATIONAL COPYRIGHT, PATENT AND TRADEMARK PROTECTION, AS WELL AS U.S. EXPORT CONTROLS AND RESTRICTIONS; (ii) ARE TO BE USED SOLELY INCONNECTION WITH THE SERVICES; AND (iii) ARE PROVIDED WITHOUT WARRANTIES FROM PROVIDER AS FURTHER DESCRIBED BELOW. YOU MAY NOT MAKE COPIES OF ANY SOFTWARE/IT PRODUCT, EXCEPT FOR BACKUP PURPOSES IF NECESSARY TO EFFECTUATE YOUR USE OF THE SERVICES, NOR MODIFY, REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE ANY SOFTWARE/IT PRODUCT. YOU MAY NOT, DIRECTLY OR INDIRECTLY, RENT, RESELL OR TRANSFER ANY SOFTWARE/IT PRODUCTS OR USE THEREOF TO ANYONE NOT AUTHORIZED UNDER THIS AGREEMENT. YOU UNDERSTAND THAT SOFTWARE/IT PRODUCTS MAY NOT BE FAULT TOLERANT AND ARE NOT INTENDED FOR USE WHERE ANY FAILURE THEREOF COULD LEAD TO INJURY, DEATH OR DAMAGE. The Uniform Computer Information Transaction Act is specifically excluded from application to this Agreement. The terms of this Section will survive any termination of this Agreement.
WEB COMMERCE
You acknowledge and accept that your use of the Services, and all associated communications and transactions conducted on-line, may not be absolutely secure, and that the Service is not guaranteed to be error free. By engaging in on-line activity, you accept the responsibilities and risks associated with the use of the Internet generally. You understand that information available to you through the Internet may include materials that are unedited, explicit or offensive to you, and that your access to such materials is at your own discretion and risk. Further, you acknowledge that all transactions relating to merchandise or services offered by you through the Provider service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. Provider and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser, and shall not be liable in any way to any such third-party user or purchaser.
SERVICE AND SERVICE USE
1. Provider reserves the right to limit, restrict or prioritize access to system access, resources, including CPU time, memory and disk space, including CPU time, memory, bandwidth, and disk space.
2. IP Addresses. If Provider assigns you an Internet Protocol ("IP") address for your use of the Provider's Service, the right to use that IP address will belong only to Provider, and you will have no right to use that Internet Protocol address except as allowed by Provider in its sole discretion in connection with the plan you have selected, during the term of this agreement.
3. Electronic Mail. Provider may, but is not obligated to, block any incoming or outgoing e-mail message that Provider determines, in its sole discretion, is unsolicited or otherwise violates these terms. Provider shall not be responsible for lost, misdirected, undeliverable or blocked e-mail, whether in transmission or receipt. All e-mail messages sent through Provider's Services are transmitted through Provider's Services in California and other jurisdictions.
4. Storage Capacity. Your storage space and bandwidth utilization on the Provider's Service must remain within the Storage Space and Bandwidth Allocations associated with the access plan you have selected. You are responsible for ensuring that combined storage (including, without limitation, e-mail, web files, FTP space, etc) stored material will not exceed that limit. For Provider's Web Site Hosting and similar accounts, these allocations are set forth in the account plan selected during registration. Additional storage space and bandwidth may be available at an additional charge. Please contact Provider if you are interested.
5. Backup Service and Billing: Provider will make archival or backup copies of the Client Content (although Provider is not required to do so as Client is solely responsible for backing-up any Client Content). Notable that for any physical damage, or unexpected hardware failure, or for any other accidental case, Provider does not ensure full data protection security with services.
5.1 Base Allocation: The Service Provider allocates a maximum of 50 Gigabytes (GB) of off-site backup storage per billing cycle under the base subscription tier.
5.2 Overage Unit Calculation: Any data stored in excess of the base 50 GB allocation will automatically trigger an overage block. Overage is calculated and billed in 50 GB increments.
5.3 Overage Pricing: Each additional 50 GB block, or fraction thereof, is billed at a flat rate of $25.00 per month.
6. Traffic and Hits. If you publish any Web page or site using the Provider's Service, the usage of that Web page or site should be consistent with the access plan you have chosen.
7. Accounts and Passwords. Users are responsible for the security of all user id and password information. This agreement applies to all accounts, sub-accounts, alternative account names and passwords associated with your principal account. By enrolling for and using the Services, you accept sole responsibility for the security and confidentiality of all passwords. Accidental or unauthorized disclosure or use may have serious consequences and Provider shall have no liability for your failure to maintain this information securely. Additionally, you are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. In the event of a breach of security through your account, you should immediately contact Provider customer service at 1.888.932.3987.
PERSONAL INFORMATION
You hereby certify to Provider that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide Provider with accurate, complete, and updated information required by the registration to the Provider's Service, including your legal name, address, telephone number(s), and applicable payment data. You must notify Provider within thirty (30) days of any changes in your Member Registration Data. Provider may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account. By enrolling for the Services, you authorize Provider and its affiliates to use billing and usage information related to your account for additional marketing purposes.
DISCLAIMER OF WARRANTIES
PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICES; ANY SOFTWARE/IT PRODUCTS, INCLUDING THIRD PARTY SOFTWARE/IT PRODUCTS; AND ANY PROVIDER SYSTEM OR PROVIDED EQUIPMENT USED BY THE CUSTOMER OR TITLE THERETO (EXCEPT TO THE EXTENT SET FORTH IN A SEPARATE SALE TRANSFER OR LICENSE DOCUMENT). THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS OF THE SERVICE OR EQUIPMENT FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF OR NON-INTERFERENCE WITH ANY THIRD PARTY RIGHTS.
LIMITATION OF LIABILITY
1. WITH RESPECT TO CLAIMS OR SUITS BY CUSTOMER, OR ANY OTHERS, FOR DAMAGES RELATING TO OR ARISING OUT OF ACTS OR OMISSIONS UNDER THIS AGREEMENT AND/OR SERVICES PROVIDED HEREUNDER, PROVIDER LIABILITY FOR SERVICE INTERRUPTIONS OR PROBLEMS, IF ANY, SHALL BE LIMITED TO CREDIT ALLOWANCES AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, IN ANY PRODUCT TERMS AND CONDITIONS, OR IN ANY APPLICABLE TARIFFS. 2. PROVIDER SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES RESULTING FROM: (A) THE DELIVERY, INSTALLATION, MAINTENANCE, OPERATION, USE OR MISUSE OF AN ACCOUNT, EQUIPMENT, OR SERVICE; (B) ANY ACT OR OMISSION OF CUSTOMER, OR ITS END-USERS OR AGENTS, OR ANY OTHER ENTITY FURNISHING EQUIPMENT, PRODUCTS OR SERVICES TO CUSTOMER; (C) ANY PERSONAL OR PROPERTY DAMAGES DUE TO THE LOSS OF STORED, TRANSMITTED OR RECORDED DATA RESULTING FROM THE SERVICE OR THE EQUIPMENT, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (D) ANY FAILURE TO PERFORM UNDER THIS AGREEMENT CAUSED BY ANY UNFORESEEN CONTINGENCY BEYOND THE REASONABLE CONTROL OF PROVIDER INCLUDING WITHOUT LIMITATION INTERNET OUTAGES, COMMUNICATIONS OUTAGES, FIRE, FLOOD, WAR OR ACT OF GOD, OR OTHER SIMILAR EVENTS. 3. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE LOSS OF DATA, GOODWILL OR PROFITS, SAVINGS OR REVENUE, OR HARM TO BUSINESS, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY CAUSE WHATSOEVER.
INDEMNIFICATION
You agree to indemnify, defend and hold Provider and its officers, directors, employees, agents, affiliates and suppliers harmless from and against any claims, actions, demands, losses and damages, including attorney's fees, relating to any violation of state or federal law or regulation, this Agreement, the Provider's AUP, or related acts or omissions by Customer, its end users, or other users of its account, or the placement or transmission of any message, information, software or other materials on the Internet by Customer or end users of Customer's account. This indemnification shall survive the termination of the Agreement.
You agree to use all Provider's services and facilities at your own risk. Provider specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall Provider be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Provider, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Provider against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with Provider's server.
Provider reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from Provider's server. Provider shall be the sole judge of what violates this Policy.
CANCELLATION
A request to cancel project must be made in writing to “Provider” and include the signature of the authoritative client. “Provider” will charge for the number of hours accumulated in project development before the cancellation request is made. Any outstanding invoices must be paid in full. All services are non-refundable. After a cancellation of Web Hosting Services has been made by Customer, after 24 hours you will no longer have access to your website and all information contained therein may be deleted by “Provider”. “Provider” accepts no liability for such deleted information or content. If Customer's credit card is invalid for any reason or you fail to pay an invoice by the terms set forth, the Web Hosting Service may be cancelled and all the information contained within deleted permanently. “Provider” accepts no liability for information that is deleted due to an invalid credit card or failure to pay an invoice.
ARBITRATION
Any dispute arising under this agreement shall be resolved by binding arbitration in the city of Garden Grove, CA or San Francisco, CA (location by choice of provider) and under the rules of the American Arbitration Association.
CHOICE OF LAW; JURISDICTION: This Agreement and Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with this Agreement will be brought solely in Orange County, California, and you consent to the jurisdiction of such courts.
COMPLETE AGREEMENT/ADDITIONAL TERMS. This Agreement represents the complete agreement and understanding of the parties with respect to the Services and any related matters, and supersedes all other agreements whether written or oral, including but not limited to, any advertising, brochures, proposals, representations or understandings regarding the subject matter hereof. This Agreement may be modified only by written agreement, changes to the URL sites referenced herein, changes to the applicable tariffs or as otherwise specifically provided herein. Customer may not sell, transfer, or assign this Agreement, without the prior written consent of Provider; any impermissible assignment shall be null and void. This Agreement shall be governed by the substantive law of the Commonwealth of California without reference to its principles of conflicts of laws, and Customer consents to the nonexclusive jurisdiction of the federal and state courts of the Commonwealth of California.
THESE TERMS AND CONDITIONS, ALONG WITH ANY SOFTWARE/IT PRODUCT TS AND CS MAY BE MODIFIED FROM TIME TO TIME AT PROVIDER'S DISCRETION OR AS REQUIRED BY APPLICABLE LAW. YOU AGREE TO REVIEW SUCH CHANGED ITEMS FROM TIME TO TIME AND BE BOUND BY SUCH CHANGES, AS THEY PERTAIN TO THE PARTICULAR SERVICES YOU CHOOSE NOW OR MAY CHOOSE IN THE FUTURE. IF PROVIDER DETERMINES CHANGES TO THE ADDITIONAL TERMS AND/OR PRODUCT TS AND CS WILL MATERIALLY AND DETRIMENTALLY AFFECT YOUR SERVICE OR RIGHTS THERETO, PROVIDER WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE NOTICE OF SUCH CHANGES AND AN OPPORTUNITY TO OBJECT IN WRITING IN THE MANNER PROSCRIBED IN SUCH NOTICE. IN ANY CASE, THE CHANGES SHALL NOT DIMINISH ANY SERVICE LEVELS COMMITTED TO CUSTOMER IN ANY APPLICABLE SERVICE LEVEL AGREEMENTS AT THE SERVICE COMMENCEMENT DATE. YOU HEREBY CONSENT TO THE INCORPORATION OF APPLICABLE TARIFFS AND THE ADDITIONAL TERMS AND PRODUCT TS AND CS POSTED AT (WEBX360HOST.COM/LEGAL). YOU AGREE THAT ACCEPTANCE OF THIS AGREEMENT CONSTITUTES CONSENT TO THE USE OF ELECTRONIC RECORDS. YOU MAY REQUEST HARD COPIES OF PART OR ALL OF THE TERMS AT ANY TIME BY CALLING [1.888.932.3987]. THE OFFERING OF SERVICES IS SUBJECT TO ANY AND ALL FINAL REGULATORY COMMISSION REVIEW, APPROVAL AND REQUIREMENTS IN ACCORDANCE WITH APPLICABLE LAW. IF YOU USE THE SERVICES, YOU ARE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS, AND THE APPLICABLE TARIFFS.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PROVIDER FOR THE SERVICES PROVIDED HEREUNDER, AND THAT IT MAY BE AMENDED ONLY IN ACCORDANCE WITH THE TERMS STATED ABOVE. BY USING PROVIDER'S SERVICES YOU REPRESENT THAT YOU HAVE THE AUTHORITY AND RIGHT TO BIND YOU AND/OR YOUR COMPANY TO THESE TERMS AND CONDITIONS.
Amendment of Terms for WordPress Maintenance Services (WP Attender)
Before using any of the Provider's WordPress services (“services aka WP Attender”), you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.
Acceptance of Terms
The web pages available at webx360.com, webx360host.com and all linked pages (“Site”), are owned and operated by WebX360, Inc. (“WebX360”) and is accessed by you under the Terms of Use described below (“Terms”).
Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.
Description of Service
The WP Attender is an online service offering maintenance packages to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Provider makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the WP Attender Services.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Provider. Provider reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Any conflicts or issues that may arise, due to upgrades (WordPress, Plugins, etc.), may incur additional billing fees to resolve. These fees are above and beyond the standard WP Attender Monthly fees. Provider's service does not support multi-site WordPress installations.
Registration
As a condition to using WP Attender Services, you are required to open an account with Provider and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your WP Attender account.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Provider, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Provider, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or Provider's Username and password, or (iii) any violation of any rights of a third party.
Limitation Of Liability
In no event shall Provider be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
Intellectual Property
WebX360, webx360.com and other WebX360 graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of WebX360. WebX360’s intellectual property may not be used in connection with any product or service without the prior written consent of WebX360. The images and icons available in the WebX360 Press Kit may used by partners and third party sites in connection with providing appropriate links to the WebX360 Site.
Support Requests & Monthly Support Time
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please e-mail support@webx360host.com or create a ticket at http://webx360host.com
Each request is subject to a one (1) hour minimum fee. Developer support and customization hours is billed at an additional $80.00 per hour, per request.
Up to 48 hours response time on non-emergency requests. Requests are subject to approval by assigned agent or Provider's management. Emergency or rush requests may be subject to a rush surcharge of $80/hour.
Nature of Requests
Requests should fall within the following categories.
If you’re unsure about the whether or not a request meets these criteria, submit it as a ticket to our support system and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of requests not meeting approval for monthly development time:
Termination & Cancellation
Provider may terminate or suspend any and all Services and/or your WebX360 account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your WebX360 account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the contact page or support area to issue a termination request. In the event a Customer Account is suspended or terminated and Customer is logged into and/or can access the Customer Account, Company may terminate any Customer access session.
Company may immediately terminate the Agreements, without penalty or notice and without refund, if Company, in Company’s sole and absolute discretion, determines that Customer’s use of the Products or Customer Content violates any Company term or condition of the Agreements or Customer’s use of the Products disrupts, or in Company’s sole and absolute discretion, could disrupt the Company’s business operations or ability to provide the Products.
Company may terminate a Customer’s access to the Websites or Products if Company has reason to believe, in its sole discretion, Customer is a repeat offender of the Agreements.
Company may terminate a Customer’s access to the Websites or Products if Customer was previously terminated, suspended or canceled by Company for any reason.
If Company terminates Customer’s access to the Websites or Products, Customer may, in its sole and absolute discretion, remove and destroy any data and files stored by Customer on Company’s servers.
Change
Provider reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Provider will notify you by posting an announcement on the site. What constitutes a material change will be determined at Provider's sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
Miscellaneous
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Provider in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Provider shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Provider’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Provider may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of California courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
