Website Solutions offers storage and transfer services over the Internet through access to its Web Server;
Customer seeks to utilize Website Solutions server for its own purposes;
The parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Website Solutions can make no guarantee that any given reader shall be able to access Website Solutions server at any given time.
Website Solutions represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;
These Terms and Conditions constitutes the entire Agreement and understanding of the parties. Any changes or modifications to these Terms and Conditions of Agreement thereto are agreed to by the both parties upon renewal of services.
By accessing this website, you are agreeing to be bound by these website Terms of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.
Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;
- Permission is granted to temporarily download one copy of the materials (information or software) on Website Solutions’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Website Solutions’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Website Solutions at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- Customer will provide Website Solutions with material and data in a condition that is “server-ready”, which is in a condition requiring no additional alteration on the part of Website Solutions. Website Solutions will make no effort to validate this information for content, correctness or usability.
- Use of Website Solutions’ service 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 Customer’s Webspace by the Customer.
- The following examples are offered:
- Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
- CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
- The Customer agrees that he or she has the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of Website Solutions to provide this knowledge or Customer Support outside of the defined service of Website Solutions.
- Website Solutions will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
- Website Solutions reserves the right to police its network to verify compliance with all agreed upon Terms.
- The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
- Website Solutions reserves the right to disconnect any website or server deemed to present a security threat to Website Solutions’ customers, servers, or network.
- The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Website Solutions is grounds for termination of all services.
- Website Solutions makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Website Solutions also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Website Solutions is at the Customer’s own risk, and Website Solutions specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with Website Solutions’ services represents the maximum achievable speed. Website Solutions does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). Website Solutions expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- Website Solutions specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Website Solutions may, at its option and at any time, reject this material, including but not limited to after it has been put on Website Solutions’ Server. Website Solutions agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Website Solutions. If the Customer fails to modify the material, as directed by Website Solutions, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be deemed to be terminated.
Trademarks & Copyrights
- Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.
Payments are due on the date stated on invoices, reminders and/or statements of account. Accounts not paid are subject to suspension until services are paid in full. Reactivation costs $99.00. Any account suspended for longer than 6 months will have a $199.00 reactivation fee.
- Customer agrees to a 12 month minimum Agreement beginning upon commencement of service.
- Customer agrees that all charges and fees associated with an account are their sole responsibility.
- “90-Day Money-Back Guarantee” offer only applicable to new accounts.
- Refunds can only be processed for website hosting.
- Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances.
- SSL certificates are non-refundable. The value of any third-party add-ons is non-refundable.
- Violations of Website Solutions’ Terms of Service, Acceptable Use Policy, or Spam Policy may, at Website Solutions’ discretion, result in immediate and permanent disablement without refund.
- Disputed charges (“chargebacks”) associated with any Website Solutions account may, at Website Solutions’ discretion, result in immediate and permanent disablement.
- Website Solutions will use commercially reasonable efforts to make Website Solutions available 99.9% of the time during each monthly billing cycle.
- Customer expressly agrees that use of Website Solutions’ Server is at Customer’s sole risk. Neither Website Solutions, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Website Solutions’ Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Website Solutions Server service, unless otherwise expressly stated in this Agreement.
- Under no circumstances, including negligence, shall Website Solutions, its offices, agents or any one else involved in creating, producing or distributing Website Solutions’ Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Website Solutions service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Website Solutions’ records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Website Solutions’ service.
- Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions including negligence or otherwise, shall not exceed the amount remaining in Customers service term.
- This Agreement may be cancelled by Customer, without cause, by giving the Website Solutions written notice of their intention to cancel services at least 15 days before the end of the annual service term. Website Solutions will accept cancellation in writing or via an Account Cancellation Request located in the Client Portal.
- Billing will stop
- at end of the term during which the service is cancelled, and;
- all prior invoices are paid.
- Notwithstanding the above, Website Solutions may terminate service under this Agreement at any time, without penalty, if the Customer fails to comply with the terms of this Agreement, including non-payment. Website Solutions reserves the right to charge a reinstatement fee.
- If the customer wishes to cancel Website Solutions services within ninety (90) days of the initial sign-up they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their website hosting money promptly refunded.
- Services provided by 3rd parties and Website Solutions partners are not part of the 90-day refund policy and no early ending credit is applicable.
- At the end of the Agreement term, the Agreement will automatically renew for the original Agreement length indefinitely until canceled in writing or via an Account Cancellation Request located in the Client Portal. Accounts will be canceled 15 days before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
Revisions to this Agreement will be applicable to previous Agreement Revisions and will be considered agreed to by the Customer on renewal of service as specified in Section – Payments.
Website Solutions has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Website Solutions of the site. Use of any such linked website is at the user’s own risk.
- Customer agrees that it shall defend, indemnify, save and hold Website Solutions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Website Solutions, its agents, its customers, servants 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Website Solutions against Liabilities arising out of
- any injury to person or property caused by any products sold or otherwise distributed in connection with Website Solutions’ Server;
- any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
- copyright infringement;
- any defective product which Customer sold on Website Solutions Server.
Any claim relating to Website Solutions’s website shall be governed by the laws of the State of Florida without regard to its conflict of law provisions.
Customer may not transfer this Agreement without the written consent of Website Solutions.
The materials on Website Solutions’s website are provided “as is”. Website Solutions makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Website Solutions does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.[/vc_column_text][/vc_column][/vc_row]