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Terms of Service

This Terms of Service agreement, hereby referred to as “TOS”, outlines the terms and conditions by which Weberz Hosting Services, hereby referred to as “Services”, will be provided to you upon account registration. These terms and conditions contained herein, and terms contained in attached or linked documents, are incorporated into and made part of this TOS. Weberz reserves the right to modify, alter, change, add, or remove any portion of this TOS at its sole discretion. Any such changes will be effective when said changes are posted online on the Weberz Hosting site, www.weberz.com.

No verbal or written agreement, statement, or claim by any Weberz employee or the Weberz Hosting site shall take precedence over the terms and conditions set forth in this TOS.

Registration and/or use of Services provided by Weberz Hosting implies explicit acceptance by you, hereby referred to as “Customer”, of this TOS and all terms and conditions contained herein, as modified from time to time, in its entirety. Violation of any part or section of this TOS can result in immediate suspension, or termination, of Services on behalf of Weberz at its sole discretion.

Service Plans
All Services provided by Weberz are provided in the form of Service Plans. The details for each Service Plan, including pricing and features available, are maintained and listed on the Weberz Hosting site, www.weberz.com. Each Service Plan outlines the features, resources, storage and data transfer limits that will be provided by Weberz to the Customer for the service fee listed. Weberz reserves the right to modify the features, resources, storage and data transfer limits, and service fees for any Service Plan. Weberz, at its sole discretion, will determine how these features, resources, storage and data transfer limits are provided to, or calculated for, the Customer.

Upon registration for a Service Plan, the Customer will be provided with a Service Account to manage the resources and features provided in their chosen Service Plan. Any feature found enabled in the Service Account that is not listed as a feature of the Service Plan is to be deemed in testing, beta, or experimental phase and could be removed at any time. The Customer is responsible for clarifying any questions they have regarding Service Plans, Service Accounts or the features, resources, storage and data transfer limits included in their chosen plans before registering for an account with Weberz Hosting.

While registering for a Service Plan, the Customer will be provided with their choice of Billing Periods. Each Billing Period specifies the length of Payment Term for the Customer’s account. Billing Periods are available in 1 Month, 3 Month, 6 Month, and 1 Year increments. By choosing a longer Billing Period, the Customer is agreeing to maintain their hosting account for the specified amount of time in exchange for a discount on their Service fees. All Service Plans are provided on a pre-payment basis. Upon the start of each Billing Period, the Customer will be charged the entire service fee that corresponds with their chosen Service Plan and Billing Period. Each Service Plan will automatically renew at the end of each Billing Period for the length of the Customers selected Billing Period until the account has been terminated, see termination below.

Additional Service Fees, or Overage Fees, may apply to a Customer’s account if the Customer uses more resources than allowed by their chosen Service Plan. For more information on these fees, see Additional Charges section below.

Pricing
Unless otherwise noted next to the displayed price, All pricing listed in the TOS and on the Weberz Hosting website, www.weberz.com, will be in U.S. Dollars (USD). Any payments rendered to Weberz Hosting for the pricing listed must also be in the form of U.S. Dollars (USD).

Payment
All Services provided by Weberz are done so on a pre-payment basis. All charges will be debited against the Customer’s Service Account maintained by Weberz. Service Account balances are due to Weberz when the Service Account balance reaches more than $20.00 or upon the renewal of the Customer’s chosen Billing Period. Service Account balances shall be paid via the Customer’s chosen payment method. If the Customer has chosen to use a credit card as their payment method, Weberz will automatically attempt to process the charges on the Customer’s credit card when their account balance is due. If the Customer has chosen to use a Web Service, such as PayPal or 2CheckOut, as their payment method, Weberz will notify the Customer of the balance due via email and the Customer must render payment manually through their chosen Web Service. Failure to render payment for services, either manually or via the inability for Weberz to charge the customers credit card due to insufficient funds, credit card expiration, or invalid billing profile data, may cause service interruption of the Customer’s Service Plan.

Any account which has a past due balance of more than 7 days is subject to account suspension which will cause service interruption. Accounts who have maintained a past due balance for more than 30 days are subject to removal from Weberz Hosting servers. Accounts that are suspended due to lack of payment must pay entire past due balance and the service fee for the customers next Billing Period before service can resume. Accounts that are suspended due to lack of payment are also subject to a account suspension fee of $10.00.

A service fee of $25.00 will be added to any account for every returned check or credit card charge back submitted by the Customer against the account. Accounts with multiple returned checks or credit card charge backs are subject to removal from Weberz Hosting servers at the sole discretion of the Weberz Hosting Staff.

Additional Charges
Each Service Plan includes a list of features, resources, and quota limits that are included in the service fee. Any resources outside of the scope of the Service Plan will incur additional fees as either Additional Service Fees or Overage Fees. Additional Service Fees are charged to the Customer on a per Billing Period basis as a pre-payment fee for additional features added to the Customer’s account. Overage fees are charged to the Customer at the end of the Customer’s Billing Period for going over the quota limits set forth in their Service Plan. Overage fees may be higher than the pre-payment Additional Service fees for the same service or feature.

Customers are responsible for all charges, including Overage Fees, incurred on their account from the time of account registration until the account is cancelled. This includes, but is not limited to, all charges incurred by the user, websites, traffic, accounts, and sub-accounts under the Customer’s Service Account.

Refunds
Weberz Hosting offers a money back guarantee programs, see Money Back Guarantee below, for Customers to receive a refund within the initial 30 calendar day period of their account. This allows Customers to receive a refund for services purchased within 30 days of account registration. No refunds will be provided to Customers for payments or credit balances outside of this initial 30 day grace period. Since Customers are receiving a discount on their Service fees by choosing a extended Billing Period, as explained above in Service Plans, refunds will not be given for any unused months of service on Service Plans.

Refunds will be given for charges on subsequent Billing Period renewals for Customers who request account cancellation within 72 hours of the Billing Period renewal. This is done as a courtesy to Customers who may have forgot about their Billing Period renewals and wished to cancel their account. After this 72 hour period the Customer agrees to the new Billing Period renewal and is entered into a new Term on their account which is rendered to the Customer for the current corresponding service fee for the Service Plan and Billing Period chosen.

Account Suspension or Removal
Accounts may be suspended, including interruption of service, for non-payment or TOS violations. Weberz will notify the Customer of such an account suspension at the time of suspension. Any account that is suspended for more than 30 days is subject to removal from the Weberz Hosting servers. Upon removal of an account all files, emails, databases, and data will be removed from the Weberz Hosting servers with no chance of recovery. Weberz Hosting can not be held responsible for any data loss due to account removal for non-payment of services or TOS violations.

Account Information
All account holders are responsible for keeping all contact and billing information up to date in their Service Account. The contact information is used to contact the Customer in the event of a TOS violation or issue with their account. If this information is not kept up to date, the account may be suspended with Service interruption in a effort to get in touch with the customer due to such an issue. The billing information in the Customer’s Billing Profile is used to bill the Customer for the Services rendered. A lack of complete and accurate billing information could cause a Customer’s account to not be billed and thus going past due.

Service Cancellation
Weberz Hosting reserves the right to cancel a Customers account at any time. If cancellation is caused by the Customer’s violation of this TOS, no refund is due to the Customer. Customers may cancel their Service with Weberz at any time, however no refund is due unless explicitly allowed via the Refunds section of these TOS. Upon cancellation of an account all data associated with said account will be removed from the Weberz Hosting servers. Customers should be sure they have a copy of all data needed before requesting an account cancellation.

Account cancellations can be made via the form at http://www.weberz.com/cancel. Customers will be required to fill out all fields on the form to ensure that a authorized party is requesting for the account to be cancelled. Account cancellation requests made via support tickets, email, or phone will not be accepted as valid account cancellation requests.

Use of Services
All Services provided by Weberz Hosting are to be used for the legal and lawful purposes that they were design for. Services such as Shared Web Hosting, based on Linux or Windows, are only designed to be used for website hosting, email hosting, database hosting, or file hosting services. In addition to those uses Dedicated Servers uses can also include, but are not limited to, version control systems, game servers, data repositories, off-site backup services, VOIP services, and data management systems. The Acceptable Use Policy, located at http://www.weberz.com/aup, outlines a list of prohibited activities on the Weberz Hosting network and designates responsibility for account holders in regards to files and information stored on the Weberz Hosting network.

All accounts are to be used by the primary account holder only. Customers are not permitted to resell, store, or give away Services rendered by Weberz. The only exception to this is Customers who have been pre-authorized to resell Weberz Services via a Reseller Hosting Service Plan.

Advertising via Email & Spamming
Weberz takes an extremely aggressive stance against spam. Unsolicited commercial advertisements are not allowed in email on the Weberz Hosting network. Weberz will not tolerate any Customer causing the Weberz Hosting Network, in whole or in part, to be listed on any black lists, ban lists, or spam lists. Weberz will also not tolerate any website on the Weberz Network to be advertised via spam messages, including messages that were not sent via the Weberz Hosting Network. Any Customer caught violating these spam policies will have their account immediately terminated without notice and without refund. Full details on the Weberz spam policy can be found at http://www.weberz.com/legal/spam.

Unlimited Disk Space or Bandwidth
Weberz does not tolerate unlimited disk space or bandwidth offers. Customers who have a reseller Service Plan will not be allowed to advertise claims of unlimited disk space or bandwidth due to the unnecessary stress it can place on the Weberz Hosting servers and network. Such claims have proven to be false and will not be allowed on the Weberz Network.

Data Backups
Weberz performs daily backups of all shared hosting and support servers on our network. These backups are in existance for the sole purpose of recovering from a hardware or software failure on the Weberz Hosting network. Customers are expected to keep valid backups of their own data for their own purposes. Weberz will make our backup data available to Customers, when possible, for a fee of $20.00.

Dedicated Server Customers can request, for an additional recurring fee, storage space on the Weberz backup servers to perform on-site backups of their servers. Any Dedicated Server Customer requesting such a service will still be responsible for maintaining their own backups on those backup servers and ensuring the accuracy and validity of those backups.

Under no circumstances will Weberz be held responsible for any data loss due to hardware, software, or services failure or customer negligence in terms of failure to backup their own data.

Resellers
Resellers are designated as Customers who subscribe to a Reseller Service Plan on the Weberz Hosting Network. Each reseller is responsible for any and all material, data, resources, features, or services used in or on their own accounts or the accounts of their customers. In the event that a reseller’s customer violates these TOS, it is at Weberz’s sole discretion to suspend service to or remove that resellers customer account from the Weberz Network. Resellers will be notified of such an event via their Service Account contact email address when said event takes place. Resellers that are asked to remove or suspend a customer account who do not respond within 24 hours could be subject to having their entire reseller Service Account suspended or removed.

All resellers should note that in the event of a Reseller Service Account suspension or removal, all of the customer accounts under said Reseller Service Account will also be suspended or removed causing a service interruption for the reseller’s customers.

Resellers are responsible for any and all Service Fees, Additional Service Fees, or Overage Fees generated to their account by their own actions or the actions of their customers. This includes, but is not limited to, fees for IP Addresses, Bandwidth, Disk Space, SSL Certificates, Web Resources, Mail Resources, Database Resources, or Sub Accounts. It is the responsibility of the reseller to ensure that their customer is properly being billed for these overages as they see fit.

Resellers shall maintain their own websites, service plans, fee schedules, and support for their customers. Weberz will not be responsible for resellers not properly billing or supporting their customers.

Weberz shall not contact, communicate with, or support any Reseller’s customer without express written consent from the Reseller to communicate with that specific customer. Without said permission Weberz only course of action when dealing with a Resellers customer will be to refer the customer back to the Reseller for support. The sole exception to this is if the Reseller’s customer specifically contacts Weberz and conveys their desire to purchase hosting directly from Weberz, in which Weberz will treat the situation as a direct sales contact.

Money Back Guarantee
Weberz provides a 30 calendar day money back guarantee to all Customers with their Service Plans. This guarantee is honored under any circumstances unless the account is terminated by Weberz for violation of these TOS or the Customer uses more than 50% of the resources allocated to them by their Service Plan. Under those specific conditions the money back guarantee is null and void. To cancel your account and receive your money back, simply click the “Money Back” option in your Service Account during the initial 30 calendar days of your account Billing Period. After 30 days this option is automatically removed from your Service Account.

Lawful Purpose
Weberz reserves the right to refuse service to anyone. Customers may only use Weberz Service Plans for lawful purposes. Transmission or storage of data in violation of local, state, federal, or international law is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Weberz expressly forbids anyone from using the Weberz Network for the propagation, distribution, housing, processing, storing, or otherwise handling any lewd, obscene, or illegal materials or data. The designation of any materials as such described above is left entirely to the discretion of Weberz Hosting.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Weberz harmless from any and all demands, liabilities, losses, costs and claims. This includes, but is not limited to, attorney’s fees asserted against Weberz, its agents, its customers, officers and employees, that may arise from any service provided or performed or agree to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Weberz against liabilities arising out of; (1) any injury to person or property caused by any products or services sold or otherwise distributed in connection with Weberz; (2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a 3rd party; (2) copyright infringement and (4) any defective products or services sold to Customer from Weberz.

Disclaimer
All Services are provided on a “as is” basis. Weberz is not liable to you for any compensation, reimbursement, or damages on account of the loss of prospective profits, anticipated sales, goodwill, or on account of expenditures, investments, leases or commitments in connection with your business, website, email, database, or data for any reason whatsoever flowing from the interruption, termination, suspension or cancellation of your Service Account.

Weberz will not be responsible for any damages, in any form, that the Customer, its business, its employees, its agents, or its officers may suffer. Weberz makes no warranties of any kind, expressed or implied, for any service we provide. Weberz disclaims any warranty, merchantability, fitness, or claim regarding its products and services that were made by its employees, website, officers or agents. This includes loss of data resulting from delays, hardware failure, software failure, non-deliveries, wrong delivery, and any and all service interruptions caused by Weberz, its employees, its servers, its network, or its connectivity. Weberz reserves the right to revise its policies at any time with or without prior notice to our Customers.

Last Updated: 11-09-2010

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