WebmasterDeveloper Service (HOSTING) Agreement
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By and between WebmasterDeveloper and their web hosting
customer, who henceforth shall be referred to as "Customer".
The parties agree to the following, which shall apply throughout the term
of this agreement:
1. DEFINITIONS
A. "Plans" shall refer to services offered by WebmasterDeveloper,
as listed online at WebmasterDeveloper.com.
B. "Customer", as mentioned above, shall refer to the end user
who is utilizing the web hosting services provided by WebmasterDeveloper.
2. PRICES
All prices for Plans provided by WebmasterDeveloper to its Customers are in U.S.
Dollars. Customers must pay for services provided by WebmasterDeveloper in U.S.
Dollars.
3. ORDER ACCEPTANCE AND PAYMENT
A. All orders are subject to acceptance by WebmasterDeveloper. An order will
be deemed accepted when written (e-mail) confirmation of the order is
sent to the Customer. WebmasterDeveloper may refuse to accept, or delay for any
period of time, any order for any reason.
B. Payment and Terms: Payment shall be made to WebmasterDeveloper in U.S. dollars
only. Payments are due upon account activation and future account renewal,
and must be made through the use of a valid credit card. Payment for services shall be made monthly, in advance, for web hosting and webmaster services retainer payments.
Credit card payments will occur automatically until Customer requests
cessation of service. If shortfalls in payment to WebmasterDeveloper of the full
invoice amount occur due to bank fees, transfer fees, or the like, WebmasterDeveloper
will re-invoice The Customer for the shortfall. All invoices are due upon receipt by The Customer. Should payment in full
of any invoice (aside from the shortfalls mentioned above) not be received
by WebmasterDeveloper within thirty (30) days after account activation or renewal,
WebmasterDeveloper may discontinue, withhold, or suspend services to the Customer.
C. Cancellations of service must be made in writing via the Customer’s
Control Center, and can not be made without the correct account password.
D. Should any Customer attempt a chargeback for services knowingly purchased
from WebmasterDeveloper, WebmasterDeveloper shall immediately shut off services for
that Customer and will pursue full legal recourse against the Customer
to recoup any and all losses. If a chargeback occurs as a result of Customer
error, a $20 fee will be assessed on top of the full chargeback amount.
On a second attempt at a chargeback, WebmasterDeveloper shall immediately discontinue
services to the Customer and pursue full legal recourse to recoup any
and all losses, and future services to the Customer shall be denied.
E. Setup fees, for any services or Plans, are not refundable, regardless
of the length of time the service or Plan is used by the Customer.
F. Should a Customer follow standard procedures and cancel services with
WebmasterDeveloper, they are entitled to a refund equivalent to the length of
time that has been paid for, but not used. This refund is calculated based
on a daily rate, depending on the Plan that was ordered. “Free Months”
are not taken into account when calculating a refund.
G. Billing Cycle: the Billing Cycle for any and all services commence
the day following the day the services/Plans were ordered. WebmasterDeveloper
can not, for any reason, change the Billing Cycle for a Plan or service.
H. The Customer is responsible for providing WebmasterDeveloper with the proper
and correct Billing and Payment Information. Any and all fees incurred
due to incorrect Billing and/or Payment information are the sole responsibility
of the Customer.
I. Changes to services provided to the Customer must be submitted in writing
to the Billing Department and must include the account password. Upgrades
are charged a setup fee of the difference between the setup fees of the
two Plans, and a prorated fee for the difference in Plan prices. Downgrades
do not receive a credit. The Customer must be aware of what will be gained
and/or what will be lost in changing Plans. WebmasterDeveloper is not responsible
for lost files, data and/or information due to changes in Plans. Plans
that have been shut off for 30 days are deleted from our servers. If,
after 30 days and a site has been deleted, a Customer desires to reactivate
a site, they will need to order a new Plan and will be held responsible
for ensuring they have adequate backups/copies of their site. A site that
has been deleted from our servers is not recoverable.
J. WebmasterDeveloper is not responsible for the Customer’s failure to
use the services/Plans offered by WebmasterDeveloper. The Customer has the right
to cancel the services/Plans they have purchased at any time.
4. DUTIES OF WebmasterDeveloper
WebmasterDeveloper may acquire an internet domain name on behalf of the Customer
as specified in the Customer’s request for services. Should the
Customer acquire the domain name on their own, without the assistance
of WebmasterDeveloper, the Customer is responsible for any and all fees necessary
for the acquisition of the domain name. Any costs incurred by WebmasterDeveloper
in the process of obtaining or maintaining a domain name for the Customer
shall be immediately reimbursed to WebmasterDeveloper upon receipt of invoice
for said services and fees.
A. Domain Registration: The Customer is responsible for checking on the
availability of any domain name associated with any of the services offered
by WebmasterDeveloper. The Customer is also responsible for correctly entering
any and all domain information (this includes, but is not limited to,
the spelling of the domain, proper domain extension, etc.) during the
course of ordering any services offered by WebmasterDeveloper. WebmasterDeveloper is
not responsible for domain name availability. If a Plan is built by WebmasterDeveloper
using an unavailable or incorrect domain name, the Customer will be charged
a $20.00 fee for any resulting corrections made by WebmasterDeveloper. WebmasterDeveloper
does not, in any way, alter any domain information when building sites
for the Customer. Domain information is entered solely by the Customer,
and is, therefore, the sole responsibility of the Customer.
B. Domain Changes: If a Plan is ordered using an incorrect domain name,
the Customer will be invoiced for any and all fees incurred by WebmasterDeveloper
in the proper registration/correction/completion of the Customer’s
order. These fees may include, but are not limited to, any administrative
costs, domain registration costs, and costs incurred in the correction
of domain registration information charged by the domain Registrar.
5. LIMITATION OF WebmasterDeveloper's OBLIGATIONS
AND LIABILITY
A. WebmasterDeveloper will utilize its best efforts to maintain acceptable performance
of services contracted for, but WebmasterDeveloper makes absolutely no warranties
whatsoever, express or implied, including warranty of merchantability
or fitness for a particular purpose. WebmasterDeveloper cannot guarantee continuous
service, service at any particular time, or integrity of data stored or
transmitted via its system or via the Internet. WebmasterDeveloper will not be
liable for the inadvertent disclosure of, or corruption or erasure of,
data transmitted or received or stored on its system. WebmasterDeveloper shall
not be liable to Customer for any claims or damages which may be suffered
by Customer, including, but not limited to, losses or damages of any and
every nature, resulting from the loss of data, inability to access Internet,
or inability to transmit or receive information, caused by, or resulting
from, delays, nondeliveries, or service interuptions whether or not caused
by the fault or negligence of WebmasterDeveloper.
B. WebmasterDeveloper may discontinue servicing any Plan, or may require fulfillment
of conditions WebmasterDeveloper may choose to impose as a prerequisite for continuing
to service any Plan. WebmasterDeveloper agrees to provide Customer with reasonable
notice via e-mail or fax of any such intent to discontinue or impose conditions
unless it is determined that such notice would cause harm to WebmasterDeveloper.
The following activities are specifically not allowed by WebmasterDeveloper and
will result in IMMEDIATE account termination: Running ADULT web sites,
Running HATE web sites, participation in undirected bulk e-mail delivery
(SPAMMING) either through the use of our mail servers or not, GAMBLING
web sites, or any sites promoting or participating in ILLEGAL activities.
C. WebmasterDeveloper's liability to Customer, and any end user of any Plan or
other WebmasterDeveloper services is limited to the amount paid to and received
by WebmasterDeveloper for services not accepted. In no event shall WebmasterDeveloper
be liable to Customer, or any end user or any other entity for any special,
consequential, or other damages, however caused, whether for breach of
contract, negligence or otherwise, even if WebmasterDeveloper has been advised
of the possibility of such damage.
D. Customer will take all necessary measures to preclude WebmasterDeveloper from
being made a party to any lawsuit or claim regarding WebmasterDeveloper services
provided to any Customer or end user. Customer hereby agrees to indemnify
and hold harmless WebmasterDeveloper from any and all claims of whatever nature
brought by any of Customer's customers against WebmasterDeveloper in excess of
the remedy set forth in paragraph 5(C) .
E. While WebmasterDeveloper provides backup services, and makes every effort
to provide previous copies of customer files (up to two weeks and for
a specified dollar amount as specified on their website), to its customers
(with the exception of .log files), it is not guaranteed that these copies
will be avialable as there are unknown issues that may arise preventing
complete or acceptable restorations.
6. PROPERTY RIGHTS
WebmasterDeveloper owns all rights, titles and interests in WebmasterDeveloper's trade
names, service marks, inventions, copyrights, trade secrets, patents,
and know-how relating to the design, function, or operation of Plans and
of the hardware and software systems and resources necessary to provide
the individual service elements of which they consist. This agreement
does not constitute a license to Customer to use WebmasterDeveloper's trade names
or service marks. The use by Customer of the other property rights mentioned
here is authorized only for the purposes of marketing and selling Plans.
7. CONFIDENTIALITY
Customer acknowledges that by reason of its relationship with WebmasterDeveloper
hereunder, it may have access to certain information and materials relating
to WebmasterDeveloper's business, plans, customers, software, and marketing strategies
that is confidential and of substantial value to WebmasterDeveloper, which value
would be impaired if such information were disclosed to third parties.
Customer agrees that it will not use in any way for its own account nor
for the account of any third party, nor disclose to any third party, any
such information revealed to it by WebmasterDeveloper. Customer further agrees
that it will take every reasonable precaution to protect the confidentiality
of such information. In the event of termination of this agreement, there
shall be no use or disclosure by the Customer of any such confidential
information in its possession, and all confidential materials shall be
returned to WebmasterDeveloper or destroyed. The provisions of this section shall
survive the termination of the agreement for any reason. Upon any breach
or threatened breach of this section, WebmasterDeveloper shall be entitled to
injunctive relief, which relief shall not be contested by Customer.
8. RELATIONSHIP OF THE PARTIES
The relationship between WebmasterDeveloper and Customer is that of vendor and
vendee. They shall not be construed as being joint ventures, franchiser/franchisee,
or employer/employee. This agreement is a commercial agreement between
businesses, not a consumer agreement. Customer has no authority, apparent
or otherwise, to contract for or on behalf of WebmasterDeveloper, or in any other
way legally bind WebmasterDeveloper in any fashion, nor shall Customer be authorized
to make any representations about WebmasterDeveloper or its services other than
to set forth WebmasterDeveloper's responsibilities as outlined in this agreement.
9. APPLICABLE LAW, JURISDICTIONAL MATTERS
This agreement takes effect when accepted by WebmasterDeveloper in California.
It is to be governed by and construed under the laws of the State of California
and the United States of America. The federal and state courts of the
State of California shall have exclusive jurisdiction to adjudicate any non-arbitrable
dispute arising out of this agreement. Customer hereby expressly consents
to (1) the jurisdiction of the courts of California and (2) service of process
being effective upon it by registered mail sent to the address set forth
at the beginning of this document, as may be changed from time to time
by written notice actually received by WebmasterDeveloper. To the extent
permissible by the law of Customer's jurisdiction, Customer waives any
requirement that service of process or of any documents be made upon it
pursuant to the provisions of the Hague Convention.
10. ENTIRE AGREEMENT; MODIFICATIONS
This agreement sets forth the entire agreement and understanding between
the parties and merges all prior discussion between them. WebmasterDeveloper
may make changes to this agreement upon thirty (30) days' written notice
to Customer, advising of the change and the effective date thereof. Utilization
of WebmasterDeveloper services by Customer and/or its Customers following the
effective date of such change shall constitute acceptance by Customer
of such change(s). Otherwise, this agreement may not be modified except
by the of written consent of both parties.
11. ACCEPTANCE OF TERMS
BY CLICKING ON THE "I AGREE" BUTTON BELOW, AND REGISTERING FOR
AND 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 POLICIES AND GUIDELINES INCORPORATED BY REFERENCE.
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