This Web Hosting Agreement is between Webhosting.tv LLC and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services. This agreement is to be governed by the laws of the United States and the State of New York. Claims are to be filed in New York City.
Webhosting.tv LLC agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs and claims of “unlimited” services of finite resources.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce transfer and or storage. If customers continue to go over we will do everything possible to help resolve the problem. We do hold the right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Renewal notices are emailed three days before the actual renew date in your account. All accounts are set up on a prepay basis. If payment is not received within 7 days a $5 fee will be added. Webhosting.tv LLC reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify Webhosting.tv LLC to request for termination of services. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. If you cancel an account on the monthly billing cycle Webhosting.tv LLC can not refund any payments made before.
Webhosting.tv LLC shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Your account. YOU agree to take full responsibility for all taxes and fees of any nature associated with such products sold.
Cancellation and Early Termination
All annual payments are non refundable once the 30 day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy. Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.
Technical Support Boundaries
Use of our 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 YOUR web site.
Webhosting.tv LLC provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. We do our best to help with scripts, templates and programming languages. However, under no circumstances is Webhosting.tv LLC obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously. Open source applications installed through our control panel have large online communities that can provide technical assistance and there are many professionals that specialize in these applications.
Customer agrees to indemnify and hold harmless Webhosting.tv LLC , Webhosting.tv LLC ‘s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS Webhosting.tv LLC AGAINST LIABILITIES ARISING OF: (i) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Webhosting.tv LLC’s SERVER; (ii) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (iii) COPYRIGHT INFRINGEMENT; (iv) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Webhosting.tv LLC’s SERVER.
Disclaimer of Warranties
Webhosting.tv LLC does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Webhosting.tv LLC disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an As Is basis.
Limitation of Damages
Webhosting.tv LLC shall not be liable to the Customer for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages. Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of Webhosting.tv LLC and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for three months service.
Suspension of Services and Termination
Customer agrees that Webhosting.tv LLC may suspend services to Customer without notice and without liability if: (i) Webhosting.tv LLC reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Webhosting.tv LLC reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Webhosting.tv LLC fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail.
The Agreement may be terminated by Webhosting.tv LLC prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
Request For Customer Information
Customer agrees that Webhosting.tv LLC may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Webhosting.tv LLC believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by Webhosting.tv LLC not withstanding any agreement by Webhosting.tv LLC to provide back up services.
Changes To Webhosting.tv LLC’s Network
Upgrades and other changes in Webhosting.tv LLC’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Webhosting.tv LLC reserves the right to change its network in its commercially reasonable discretion, and Webhosting.tv LLC shall not be liable for any resulting harm to Customer.
Notices to Webhosting.tv LLC under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Webhosting.tv LLC shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Webhosting.tv LLC’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Webhosting.tv LLC unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Webhosting.tv LLC’s prior written consent. Webhosting.tv LLC’s approval for assignment is contingent on the assignee meeting Webhosting.tv LLC’s credit approval criteria. Webhosting.tv LLC may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
Cancellation of Service
Webhosting.tv LLC reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Webhosting.tv LLC if we institute our right of cancellation. Any violation of policies which results in extra costs billed to YOU.
Promotional Rates and Special Offers
Webhosting.tv LLC may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
Intellectual Property Rights
Material accessible to you through Webhosting.tv LLC’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Webhosting.tv LLC or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Webhosting.tv LLC network. If YOU use a domain name in connection with Webhosting.tv LLC or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Webhosting.tv LLC network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Webhosting.tv LLC will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
(a.) the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
(b.) ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
(c.) ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
Static and Dynamic Content Caching
“YOU expressly”; (i) grant to Webhosting.tv LLC a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by Webhosting.tv LLC under this Agreement and (ii) agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
IP Address Assignment
Webhosting.tv LLC shall maintain and control all IP numbers and addresses that may be assigned to YOU by Webhosting.tv LLC. Webhosting.tv LLC reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in New York City, New York, and any dispute will be litigated or arbitrated in New York City, New York. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in New York City courts. IN NO EVENT SHALL Webhosting.tv LLC’s MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.