I. Agreeing Parties
This
agreement is made by and between:
The WebPLUS Group and __________________________________
Web
Deployment & Hosting
__________________________________
120 Rollingwood Drive __________________________________
Lexington, SC 29072
__________________________________
Within the context of this service agreement The WebPLUS Group will be known as
"the Provider," and the service-requestor will be referred to as
"the Client."
II.
Services to be Provided
Services will be provided in accordance with the separate
document entitled, APPLICATION FOR WEB HOST SERVICES. Prices for the services selected will be as
indicated within said document.
III.
Web Use Restrictions
The WebPLUS Group supports the conduct of Internet
business in a legal and ethical fashion. We believe that your joining the
internet community carries with it a degree of social responsibility.
With that in mind, we place the following restrictions on the use of sites we
host. The WebPLUS Group reserves
the right to remove any customer operating in violation of any of these
restrictions:
- Pornography
We do not accept any customers who publish pornographic
images. We do not allow any pornographic content on our server, including but
not limited to nude photographs, explicit language, or sexual fiction.
- Bulk E-mail, Spam, or
Unsolicited Mail Submissions
Although we understand the need for aggressive marketing
of businesses, we do not permit bulk e-mail of any type. You may not use our
e-mail server or any other bulk e-mail submission services.
Restrictions also apply to the use of your domain name or your e-mail address
for the domain name in the actual bulk e-mail.
- WAREZ Sites
Due to legal liability and a general feel of social
responsibility, The WebPLUS Group
does not host WAREZ sites or any other sites that promote the use of
unlicensed software.
- Resale of E-mail Accounts
and/or E-mail Autoresponder Accounts
Along with its Web host services, The WebPLUS Group provides options for e-mail
and e-mail autoresponder accounts. As a
subscriber, you are free to use these options to their fullest, but may not
resell any features of these accounts. They are intended for the sole use of
our subscribers.
IV. Payment Terms
- When Due
Web Host Services. Web host services and other general and
administration services (e.g., special search engine submissions fees) will
be billed at the end of the month in which the service was provided.
Monthly services for which partial months apply due to service initiation or
termination will be priced at a prorated basis. Payment not received
within ten (10) days of invoice is considered past due and may be subject to
a 3% late fee and/or termination of this agreement.
- Payment Method
The Client’s account will be opened upon receipt of
contract. The account will be billed in accordance with the "When
Due" clause above. Applicable repeating services will be billed
each successive billable period thereafter at the then applicable prevailing
rates and charges, unless written notice of cancellation is received from the
Client at least thirty (30) days prior to the beginning of the next billable
period. Accounts are payable by check to "The WebPLUS Group" and mailed to the
address listed above.
- Nonpayment
The Client agrees to pay any and all attorney fees, court
costs, and related expenses incurred by The WebPLUS Group and/or its partners in the collection of any amount
due it.
- Rate Changes
The WebPLUS Group reserves the right to amend the
monthly charges for future services.
- Miscellaneous
Fees
a. Changing primary account domain name, $10.
There is a one-time fee of $10 for replacing an existing account
domain name with another domain name, whether from spelling error(s) or other
purposes.
b.
Changing account
type, $10.
There is a one-time fee of $10 for changing an existing account type: as in
changing a Resold account to a Stand-Alone (also called Common) account, or
vice-versa. This includes changing any account to a Parent or Main account
from any other type.
c.
Chargeback
fee, $25.
There is a fee of $25 for credit card charge-backs,
returned or refused checks, or any other form of refused, returned, or denied
payment.
d.
Unsuspension fee, $10.
There is a fee of $10 automatically applied to all suspended accounts which
must be paid in order to have accounts unsuspended.
e. Commercial Advertising - Email:
Spamming,
or the sending of unsolicited email, from an One World Hosting server or
using an email address or domain that is maintained on The WebPLUS Group hosting
machine as reference is STRICTLY prohibited. The WebPLUS Group will be the
sole arbiter as to what constitutes a violation of this provision.
f.
Chat
Rooms
We do not allow
clients to install their own chat rooms. These tend to be a large drain on
system resources and we cannot allow it as an account option
g. Background Running Programs
We may allow programs
to run continually in the background. These are considered on a case-by-case
basis and an extra charge will be incurred based on system resources used and
operational maintenance needed.
h. IRC
We currently do not
allow IRC or IRC bots to be operated on our servers.
i.
Domain
Pointing
Domain
pointers are to be used for the purpose of having more than one way to find
the same site, not for the purposes of sharing an account among multiple
sites. A domain pointer may not be set up to reference a The WebPLUS Group Hosting
or any other provider.
j.
Server
Abuse:
Any
attempt to undermine or cause harm to a server, or customer, of The WebPLUS
Group Hosting is strictly prohibited, and will result in immediate
termination or prosecution.
All
By clicking the "Submit Order" button, you agree to be bound by and
to comply with this Agreement just as if you had signed it, and clicking the
"Submit Order" button is the legal equivalent of your signature on
a written contract.
k. Refusal of Service:
We reserve
the right to refuse, cancel, or suspend service at our sole discretion.
l.
Billing
Problems and Termination:
Accounts
paid by credit cards which are rejected by our online card processor are
grounds for termination. If you need to replace your credit card info you can
call our 1.866.210.7341 number (please have your username and password handy).
Because of
the risk of credit card fraud, any account which offers two bad credit cards
within any 6 month period will be subject to immediate termination.
Failure to follow any term or condition will be grounds for
immediate account deactivation without refund.
V. Risk
The
Client agrees to indemnify and hold harmless The WebPLUS Group for any loss, loss of data, or any other
damages. In addition, the Client agrees to protect and indemnify The WebPLUS Group against any and all
liability, loss, or expense arising from claims of libel, unfair competition,
unfair trademarks, trade names or patents, violations of rights and privacy,
and infringement of copyrights and property resulting from the Client's use
of these services.
VI. Disputes
Disputes
shall be governed by the laws of the State of south Carolina.
VII. Termination
Either
party may terminate services upon written notification thirty (30) days in
advance. No termination fee will be charged.
VIII. Contract
Commencement
1.
New Domains
This service
agreement will commence upon completion of three actions:
a. The appropriate signature(s) on the document
entitled, APPPLICATION FOR WEB HOST SERVICES.
b. The new domain has been established and is made
accessible by the Client’s Registrar.
c. The Client has been notified of the domain
availability.
2.
Transferring Domains
This
service agreement will commence upon completion of three actions:
a. Appropriate signature(s) on the
document entitled, APPPLICATION FOR WEB HOST SERVICES indicating a domain
name transfer is requested.
b. Completion of the domain host
transfer.
c. The Client has been notified of the
domain availability under the new host.
IX. Agreement
Submitted
application is taken as agreement to abide by all service agreement
provisions provided herein.
This service agreement is deemed to be agreed upon by the Client via the
process of application in that this service agreement was conveniently made
available for review and approval by the Client.
Client is
encouraged to print this page for future reference to the terms and agreement of
service.
VIII. Disclaimer
Regarding The WebPLUS Group’s
Web Site and Content
The WebPLUS Group may change the terms,
conditions and operation of The WebPLUS
Group’s Web site (the "Site") at anytime. By using the Site, the Client
agrees to the terms of this disclaimer and further waives any rights or
claims it may have against The WebPLUS
Group. The content available through the Site is the sole property of The WebPLUS Group or its advertisers,
suppliers or licensors and is protected by patent, copyright, trademark and
other intellectual property laws. Except as otherwise explicitly agreed in
writing, The WebPLUS Group-owned
content received through the Site may be downloaded, displayed, reformatted
and printed for your personal, non-commercial use only. Content owned by The WebPLUS Group advertisers,
suppliers or licensors may be subject to additional restrictions. You agree
not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast
or circulate the content received through the Site to anyone, including but
not limited to others in the same company or organization without The WebPLUS Group's express prior
written consent.
WE AND OUR ADVERTISERS,
SUPPLIERS AND LICENSORS PROVIDE THE The WebPLUS
Group WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS OR IMPLIED. WE AND OUR ADVERTISERS, SUPPLIERS AND
LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF
NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED
WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY
GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH
VARY FROM STATE TO STATE. WITHOUT LIMITING THE FOREGOING, The WebPLUS Group SHALL NOT BE LIABLE
TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR
PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE
USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF
WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY
IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT
LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE
POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS
THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY. YOU
ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE
THEIR PRODUCTS AND SERVICES ON THE The WebPLUS
Group WEB SITE AND THAT The WebPLUS
Group MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME
TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES
TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS The WebPLUS Group MAKING ANY
REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES,
NOR WILL Versatile Domains BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS
ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES.
YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST
Versatile Domains WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE
MAXIMUM EXTENT PERMITTED BY LAW.
|