Webbit Hosting - Terms and Conditions
By opening an account with Webbit Hosting Subscriber agree to abide by the following Terms and Conditions:
1. Definitions
1.1 Webbit Hosting will be referred to as "The Provider" in the following terms and conditions.
1.2 The user will be referred to as "The Subscriber" in the following terms and conditions.
1.3 All currency mentioned in this document or on any content page of The Provider's web site shall be defined in U.S. currency or U.S. dollars (USD).
2. Provider Liabilities
2.1 The Provider exercises no control whatsoever over the content of the information originating outside of its systems or passing through it. Use of any information obtained via The Provider is at The Subscribers own risk.
2.2 The Provider specifically disclaims any responsibility for the accuracy or quality of information obtained through its services.
2.3 No warranty is made by The Provider regarding any information, services or products provided through, in connection with, or located on the computer systems of The Provider or other services provided by The Provider. The Provider disclaims any and all warranties of any kind, whether expressed or implied, for the service it is providing. Provider is not responsible for any damages The Subscriber's business may suffer as a result of services obtained from The Provider.
2.4 The Subscriber agrees to indemnify and hold harmless The Provider, its directors, officers, shareholders, agents and employees, and its other subscribers from any and all claims, costs, expenses, judgments, liabilities, causes of actions, attorneys' fees, litigation and court costs resulting from The Subscribers use of The Provider's services in any manner, whether directly, indirectly or by any act of commission or omission.
3. Subscriber Responsibilities
3.1 The Subscriber certifies that either he or she is of at least 18 years of age or has the consent of his or her legal guardian.
3.2 The Subscriber will not share their user information in whole or in part with any third party, including but not limited to their username, login name or password for any service offered by Provider. Provider recommends that Subscriber change all passwords every six(6) months, for every Provider account, and Provider recommends the usage of strong passwords. Please note, The Provider will never request the Subscriber to provide their user information such as username, login name and/or password via email.
The Subscriber is fully responsible for any and all account activity by the Subscriber and/or anyone Subscriber allows service access whether intentional or not. It is The Subscriber's sole responsibility to protect their user information and account access. Failure to do so is a clear violation of the Provider's Terms and Conditions and Subscriber must bear the consequences as outlined within.
3.3 It shall be the responsibility of The Subscriber to keep The Provider informed of any changes to The Subscriber's information so that all information is valid and up to date at all times. This shall include mailing address, and phone numbers. Any change in this information shall be emailed to Provider within five(5) days of the change.
3.4 Any liability of The Provider, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge/damage/interference, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of data whether for breach of contract, tortuous behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid by or on behalf of The Subscriber to The Provider for the current month.
3.5 The Subscriber is solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to (1) the subscribers use of any of The Provider's services, and (2) the communication means by which The Subscriber connects to The Provider services or any other service provided by The Provider. The Provider may only be used for lawful purposes. Anonymous
3.6 The Subscriber is prohibited from transmitting on or through any of Webbit Hosting's services, any material that is, in Webbit Hosting 's sole discretion, unlawful, obscene, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law. Webbit Hosting's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to: any material, data, matter, software/software code, intellectual property, protected by copyright, trademark, privacy or other proprietary, personal or property right, trade secret, or any other statute, material legally judged to be threatening or obscene, or material protected by trade secret transmission, promulgation, theft, procurement of, communication, alteration, publication or storage of any information, protected material/property, data or material in violation of any national law of any sovereign nation, or of international law, the United States Annotated Code, or of any state or local law, statute, regulation or rule. The Provider reserves the right to remove such material from its servers.
3.7 The Subscriber's are prohibited from running adult sites on or through any of The Providers services or equipment.
3.8 The Subscriber agrees to abide by the purpose and acceptable use of The Provider's policy. Use of The Provider's services to access other networks, computers, or services, must comply with the policies of these entities.
3.9 The Subscriber agrees to promptly investigate and deal with any spam or other abuse complaints reported.
3.10 Subscriber agrees that Provider or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. Subscriber acknowledges that no title or interest in such Intellectual Property Rights is being transferred to Subscriber and Subscriber agrees to make no claim of interest in any such Services or Software.
3.11 Subscriber understand and agrees that all content and materials contained in this Agreement, other policies, the Providers web site, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that Provider or its licensor expressly reserves its rights in and to all such content and materials. Subscriber further understand and agree that Subscriber is prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of Provider or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to Subscriber or conferred upon Subscriber by this Agreement or otherwise.
4. Price and Payment
4.1 The charges payable by The Subscriber for the provision of the services are set out in the service descriptions.
4.2 Prices based on annual contracts are payable in advance and represents a commitment for twelve months of service and there are no provisions for cancellations prior to the end of the term.
4.3 By using Webbit Hosting's pay by PayPal payment option ("PayPal"), the Subscriber can purchase Webbit Hosting Software and Services using PayPal. In consideration for the Software and Services purchased by Subscriber and provided to Subscriber by Webbit Hosting, Subscriber agree to allow PayPal to debit the full amount of Subscriber's purchase from Subscriber's PayPal account ("PayPal Account") or from the credit card(s), debit card(s), bank account(s), or other allowed payment method(s) linked to Subscriber's PayPal Account ("PayPal Funding Source").
4.4 It is Subscriber's responsibility to keep Subscriber's PayPal Account and PayPal Funding Source current and funded, and Subscriber's PayPal Account backed by a valid credit card. Subscriber agrees that PayPal and Webbit Hosting will not be responsible for payments that fail to go through as a result of Subscriber's PayPal Account or PayPal Funding Source no longer existing or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for Subscriber's purchase, Subscriber agrees that PayPal and Webbit Hosting may pursue all available remedies in order to obtain payment. Subscriber agrees that if the transaction is returned unpaid, Subscriber will pay a service charge of twenty-five dollars ($25.00) or the maximum amount allowed by law, which may be debited from Subscribers PayPal Account or PayPal Funding Source. By clicking the box labeled "I agree" to the terms of the PayPal payment option, Subscriber authorizes a debit of the full amount of Subscriber's purchase from Subscriber's PayPal Account or PayPal Funding Source.
4.5 The Subscriber agrees to supply appropriate payment for the services received from The Provider, in advance of the time period during which such services are provided. All payments are due by the Account anniversary date. Accounts are in default if payment is not received within 15 calendar days after the date of the invoice.
4.6 Accounts determined to be in default will have their service suspended. Such interruption does not relieve The Subscriber from the obligation to pay the monthly account charge. If such interruption occurs, in order to reactivate an account, Subscriber must pay any outstanding balances. If The Subscriber defaults, The Subscriber agrees to pay The Provider its reasonable expenses, including attorney and collection agency fees, incurred in enforcing its rights under these Terms and Conditions. The Subscriber understands and agrees that The Provider shall not be responsible for any charges or expenses that The Subscriber may incur resulting from overdrawing The Subscriber's bank account or exceeding The Subscriber's credit card limit as a result of an automatic or manual charge generated by The Provider pursuant to this authority.
4.7 Accounts in default for a period exceeding 30 days are subject to collections. Collection fees and/or expenses are the responsibility of The Subscriber as outlined in 4.5.
4.8 The Provider reserves the right to terminate the services to The Subscriber in the event of any default of payment.
5. Software Use and License
5.1 If Subscriber has licensed software from Provider, Provider grants Subscriber a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. Subscriber is free to use the software on any computer, but not on two (2) or more computers at one time.
5.2 Subscriber agrees to not alter or modify the Software. Subscriber agrees that Subscriber is not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor is Subscriber authorized to integrate any plug-in or enhancement which uses or relies upon the Software. Subscriber further agrees not to reverse engineer, decompile or otherwise attempt to uncover the source code.
5.3 Provider reserves all rights to the Software. The Software and any copies Subscriber is authorized to make are the intellectual property of Provider. The source code and its organization are the exclusive property of Provider and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant Subscriber any rights in the Software and all rights are reserved by Provider.
5.4 PROVIDER PROVIDES THIS SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Termination, Suspension, or Cancellation of Accounts
6.1 The Provider reserves the right to cancel service for any reason without prior notice. Prepaid service cannot be cancelled without prior written consent from The Provider and fees for such services are non-refundable. All fees paid in advance of cancellation will be pro-rated and refunded by The Provider to The Subscriber if The Provider initiates its right of cancellation and The Subscriber is NOT in violation of these Terms and Conditions. If cancellation is caused by The Subscriber's breach of the Terms and Conditions, then The Subscriber agrees that no refund is due. Cancellations are processed at the end of the month and The Subscriber is responsible for payment for the full month of service. The Subscriber must notify The Provider in writing by mail, fax or e-mail 30 days prior to the cancel date. Monthly charges will not be pro-rated except at the time of activation of a new account.
6.2 Due to protection concerns, all account cancellations must be done in writing via US mail, e-mail or fax. Notifications of cancellation must include the company letterhead, account name, principal contact name with a valid signature and reason for cancellation. Third party cancellations are not accepted.
Upon termination, either by provider or The Subscriber, for any reason, The Subscriber is responsible for deleting his/her host registrations from domain registrar(s) within 10 business days. The Subscriber further agrees to pay The Provider all reasonable administration cost if The Provider must intervene in reregistering the host.
6.3 The Provider shall have the right to suspend or terminate service to The Subscriber, without notice at any time if The Subscriber violates the terms of this agreement. If such a suspension is to last for more than 15 days, The Subscriber will be notified as to the reason.
6.4 The Provider shall have the right to suspend or terminate service to The Subscriber, without notice at any time if any action by The Subscriber results in a loss or reduction of service event for any other Webbit Hosting customer.
6.5 Accounts that have been suspended for 90 days will be deleted.
7. Availability of Services
7.1 Subject to the terms and conditions of this Agreement, Provider shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. Subscriber agrees that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:
i. equipment malfunctions;
ii. periodic maintenance procedures or repairs that Provider may undertake from time to time; or
iii. causes beyond the control of Provider or that are not reasonably foreseeable by Provider, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
7.2 Subscriber agrees that Provider has no control of availability of the Services on a continuous or uninterrupted basis.
7.3 Subscriber further agrees that as a normal course of its business, it may be necessary for Provider to migrate its servers. As a result, even though Subscriber may have a dedicated IP, Subscriber may be assigned a different IP number. Provider does not warrant that Subscriber will be able to consistently maintain Subscriber's given IP numbers.
8. Service Availability Guarantee
8.1 Provider offers a service uptime guarantee for the Services of 99.5% ("Service Uptime") of available time. If Provider fails to maintain this level of service availability, Subscriber may contact Provider and request a credit of 5% of Subscriber's monthly hosting fee from Provider for that month. The credit may be used only for the purchase of further products and services from Provider, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by:
i. periodic scheduled maintenance or repairs Provider may undertake from time to time;
ii. errors caused by Subscriber from custom scripting or coding;
iii. outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email;
iv. causes beyond the control of Provider or that are not reasonably foreseeable by Provider ; and
v. outages related to the reliability of certain programming environments.
8.2 Total Service Uptime shall be solely determined by Provider and shall be calculated on a monthly basis.
9. Storage and Security
9.1 At all times, Subscriber shall bear full risk of loss and damage to Subscriber's web site and all of Subscriber's web site content. Subscriber is entirely responsible for maintaining the confidentiality of Subscriber's password and account information. Subscriber agrees that Subscriber is solely responsible for all acts, omissions and use under and charges incurred with Subscriber's account or password or in connection with the Site or any of Subscriber's web site content displayed, linked, transmitted through or stored on the Server. Subscriber shall be solely responsible for undertaking measures to:
i. prevent any loss or damage to Subscriber's web site content;
ii. maintain independent archival and backup copies of Subscriber's web site content;
iii. ensure the security, confidentiality and integrity of all Subscriber's web site content transmitted through or stored on Provider servers; and
iv. ensure the confidentiality of Subscriber's password.
9.2 Provider's shared hosting servers are not an archive and Provider shall have no liability to Subscriber or any other person for loss, damage or destruction of any of Subscriber's content. The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. Provider shall have no liability to Subscriber or any other person for Subscriber's use of the Services in violation of these terms. Subscriber shall at all times use the Services as a conventional and/or traditional web site. Subscriber shall not use the Service in any way, in Provider's sole discretion, that shall impair the functioning or operation of Provider's Services or equipment. Specifically by way of example and not as a limitation, Subscriber shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other web sites. Subscriber acknowledges and agrees that Provider has the right to carry out a forensic examination in the event of a compromise to Subscriber's server or account.
9.3 In the event Subscriber terminates, moving Subscriber's web site off of the Provider shared hosting servers is Subscriber's responsibility. Provider will not transfer or FTP Subscriber's web site to another provider. In the event Subscriber's use of the Services is terminated, Provider will not transfer or manage Subscriber's Services or Subscriber's web site content.
10. Improper Use
10.1 A breach of our Acceptable Use Policy will constitute a material breach of this agreement and shall entitle The Provider to terminate the agreement pursuant to 6.3
10.2 The Subscriber shall not (or authorize or permit any other party to) use the service for the transmission of any material which is in violation of any law or regulation or which is defamatory, menacing, obscene, in breach of third party intellectual property rights (including copyright) or in breach of trade secrets. Any breach of this clause will be deemed to be a material breach of this agreement and shall entitle The Provider to terminate the agreement pursuant to 6.3 and for this purpose it shall be irrelevant whether The Subscriber is aware of the content or illegality of any material so transmitted or not.
10.3 Notwithstanding and in addition to 6.3 The Provider may suspend the service without notice with immediate effect if in The Provider's reasonable opinion The Subscriber is in breach of 6.4.
11. Changes of These Terms
11.1 The Provider reserves the right to change the rates and fees by notifying The Subscriber 30 days in advance of the effective date of the change.
11.2 The Provider reserves the right to amend the Terms and Conditions and any such amendments shall become effective upon promulgation.
11.3 Upon breach of this Contract, all of The Subscriber's rights and privileges shall be immediately terminated. Upon termination of the account, The Provider has the right to delete all data, files or other information owned by The Subscriber.
12. Indemnification
12.1 Subscriber agrees to defend, indemnify and hold harmless Provider and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Subscriber (including Subscriber's agents affiliates, or anyone using Subscriber's account, software or services with Provider whether or not on Subscriber's behalf, and whether or not with Subscriber's permission) use of the Software or Services Subscriber purchased from Provider or Subscriber's breach of this Agreement or incorporated agreements and policies. In addition, Subscriber agrees to indemnify and hold Provider harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by Subscriber, or any allegation that Subscriber's account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of Subscriber elsewhere. Should Provider be notified of a pending law suit, or receive notice of the filing of a law suit, Provider may seek a written confirmation from Subscriber concerning Subscriber's obligation to indemnify Provider. Subscriber's failure to provide such a confirmation may be considered a breach of this Agreement. Subscriber agrees that Provider shall have the right to participate in the defense of any such claim through counsel of its own choosing. Subscriber agrees to notify Provider of any such claim promptly in writing and to allow Provider to control the proceedings. Subscriber agrees to cooperate fully with Provider during such proceedings.
12.2 Subscriber agrees to cooperate fully with Provider during such proceedings. Subscriber agrees Subscriber will not be entitled to a refund of any fees paid to Provider if, for any reason, Provider takes corrective action with respect to Subscriber's improper or illegal use of its Services. Subscriber also agree that if Provider is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Site Analytics account of Subscriber's with Provider, that Provider, in its sole discretion, may take whatever action Provider deems necessary regarding further modification, assignment of and/or control of Subscriber's account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
13. Governing Law, Venue; Waiver of Trial by Jury
13.1 This Agreement shall be deemed entered into in the State of Kentucky. Except for disputes concerning the user of a domain name registered with Provider, Subscriber agree that the laws and judicial decisions of Kenton County, Kentucky, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. Subscriber agrees that any action relating to or arising out of this Agreement shall be brought in the courts of Kenton County, Kentucky. For the adjudication of disputes concerning the use of any domain name registered with Provider, Subscriber agrees to submit to jurisdiction and venue in the U.S. District Court for the Eastern District of Kentucky located in Covington, Kentucky.
13.2 Subscriber agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.
14. Notices
14.1 Subscriber agrees that all notices (except for notices concerning breach of this Agreement) from Provider to Subscriber may be posted on Provider's web site. Notices concerning breach will be sent either to the email or postal address Subscriber has on file with Provider. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
14.2 Notices from Subscriber to Provider shall be made either by email, sent to the address provided on the Provider web site, or first class mail to Provider's address at:
Webbit Hosting
Attn: Legal Counsel
2734 Chancellor Dr., Suite 204
Crestview Hills, KY, 41017
15. Headings
15.1 The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
16. Entire Agreement
16.1 Subscriber agrees this Agreement including the policies and agreements it refers to (i.e. Dispute Resolution Policy, etc.) constitute the complete and only Agreement between Subscriber and Provider regarding the Services contemplated herein.
17. Severability
17.1 Subscriber agrees that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
18. Waiver
18.1 The failure of Provider to enforce any of the provisions within this Agreement or its incorporated agreements and policies against Subscriber or others shall not be construed to be a waiver of the right of Provider thereafter to enforce such provisions.
19. Force Majeure
19.1 Provider will make every effort to keep its web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. Subscriber agrees not to hold Provider liable for any of the consequences of such interruptions.
20. Survival
20.1 Sections 1, 2, 3, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any termination or cancellation of this Agreement.
21. No Third Party Beneficiaries
21.1 Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.