Terms and Conditions
The terms and conditions set forth herein constitute the full
and complete agreement between you and
(doing business as and hereinafter referred to as “Cheap Web
Hosting World.com”) Your agreement to be bound by these terms
is acknowledged by your use of the Cheap Web Hosting World.com
Web Site, Hosting Services, Support Services and/or any Cheap
Web Hosting World.com software made available to you. The terms
contained herein supercede and replace any other agreement or
negotiation between you and Cheap Web Hosting World.com whether
oral, written or otherwise including any statements made by
any representative of Cheap Web Hosting World.com at any time.
1 FEES; PAYMENT OF FEES
1.1 Fees - Cheap Web Hosting World.com charges the following
fees where applicable. All such fees are subject to change with
30 days notice.
1.1.1 Account Set-Up Fee
1.1.2 Service Fee
1.1.3 Domain Registration Fee
1.2 Cheap Web Hosting World.com reserves the right to offer
subsequent promotional rates which may or may not be more favorable
than the terms under which you entered this agreement. Any such
periodic special rates shall not effect the then existing rights
and responsibilities of each party. Cheap Web Hosting World.com
also reserves the right to change the rate charged for any such
fee under this agreement with 30 days notice.
1.3 Cheap Web Hosting World.com charges a non-refundable set
up fee as well as it’s periodic service fee which in some cases
may be refundable as further set forth elsewhere herein. According
to the services you order from Cheap Web Hosting World.com,
Cheap Web Hosting World.com may also charge you for Domain Registration
Fees and specifically reserves the right to institute additional
charges upon notice to you. Cheap Web Hosting World.com also
reserves the right to alter, change, amend or delete charges
at it’s sole option. Cheap Web Hosting World.com further reserves
the right to institute new services and charge fees in association
with the provision of such new services as it deems appropriate.
1.4 Payment of Fees - Cheap Web Hosting World.com accepts payment
by Credit Card (American Express, Visa, MasterCard, Discover)
and by personal check, cashiers check or money order.
1.5 Payment by Credit Card
1.5.1 Prior to activation of your user account and at any applicable
time thereafter you agree to allow Cheap Web Hosting World.com
to charge your provided credit card and at stated regular intervals
the agreed service fee amount for the stated period together
with any Cheap Web Hosting World.com set-up charges, registration
fees, or any other charges outlined herein as may be applicable.
You further authorize Cheap Web Hosting World.com to charge
your credit card for all subsequent period fees at, or a reasonable
period in advance of, the commencement of any such subsequent
period. You agree to maintain current valid existing credit
card information with Cheap Web Hosting World.com for the purpose
of satisfying the Cheap Web Hosting World.com charges as they
become due. Refusal or rejection of any such charge or any portion
thereof is grounds for account suspension and/or termination
at the sole option of Cheap Web Hosting World.com under Paragraph
8 herein.
1.6 Payment by Check
1.6.1 Prior to activation of your user account you agree to
submit a check payable in U.S. dollars against a bank located
within the United States. Cheap Web Hosting World.com is under
no obligation to initiate service until the proceeds of such
check have been cleared by such financial institution and have
been received by Cheap Web Hosting World.com. Invoices will
be submitted to you as a courtesy only. Payment for subsequent
fees are due and payable immediately upon invoice and in no
instance later than the expiration of the last day of the previous
period without regard to any invoice. It is your responsibility
when paying by check to make sure that your payment is received
by Cheap Web Hosting World.com. An administrative fee of $25.00
will be charged for the refusal, rejection or return of any
such check for any reason whatsoever or any portion thereof.
In addition, refusal, rejection or return of any such check
for any reason whatsoever or any portion thereof is grounds
for account suspension and/or termination at the sole option
of Cheap Web Hosting World.com under Paragraph 8 herein.
1.6.2 It is recommended that in order to avoid any service
interruption that you submit your payment to Cheap Web Hosting
World.com a sufficient time before the expiration of the current
service period so that it reaches Cheap Web Hosting World.com
in advance of the renewal date.
1.7 Refunds of Service fees will be made only for pre-payment
of Service fees beyond the renewal date following the effective
notice and termination of this agreement under paragraph 8.1.
All refunds shall be pro-rated based upon the number of days
for which service remains unused as of that renewal date. Cheap
Web Hosting World.com may grant refunds under any other circumstance
it deems appropriate without waiving any other rights hereunder.
2 WEB HOSTING SERVICES
For the term of the agreement as set forth herein Cheap Web
Hosting World.com agrees to provide web hosting services according
the plan selected by you upon activation of your account. Cheap
Web Hosting World.com reserves the right to change, amend and/or
otherwise alter the services provided with equivalent or otherwise
equal services without prior notice to you.
3 DOMAIN REGISTRATION SERVICES
At Customer’s request, Cheap Web Hosting World.com may also
acquire a Second-Level Domain Name (“Domain Name”), on behalf
of Customer. Cheap Web Hosting World.com will not own or otherwise
control any domain name registered on your behalf under this
paragraph. Cheap Web Hosting World.com provides this service
as a convenience to you only and you hereby waive any and all
claims which you may have, or which may later arise, against
Cheap Web Hosting World.com for any and all damages, losses,
claims or expenses arising our or related to the acquisition,
registration and/or use of the Domain Name. Any costs incurred
by Cheap Web Hosting World.com to obtain and/or maintain the
Domain Name on your behalf shall be charged to you by Cheap
Web Hosting World.com under the provision therefore elsewhere
herein.
4 ACCEPTABLE USE
Cheap Web Hosting World.com strictly enforces compliance with
its acceptable use terms under this paragraph (4) four. You
agree to maintain your website in full compliance with the terms
set forth below. Failure to so comply is cause for immediate
suspension and possible termination under paragraph (8) herein.
4.1 You agree that you will not violate the laws, regulations,
ordinances or other such requirements of any applicable Federal,
State or local government.
4.2 You agree not to cause any harm to minors of any kind or
to perform any activity which is likely to cause such harm.
4.3 You agree not to take any action which encourages or consists
of any threat of harm of any kind to any person or property
4.4 You agree not to transmit any unsolicited commercial or
bulk email. You will not engage in any activity known or considered
to be “spamming” or “Mail Bombing”
4.5 You agree not to make any inappropriate communication to
any Newsgroup, Mailing List, Chat Facility, or other Internet
Forum.
4.6 You agree not to make or attempt any unauthorized access
to any Cheap Web Hosting World.com website or the website of
any Cheap Web Hosting World.com customer.
4.7 You agree not to infringe any copyright, trademark, patent,
trade secret, or other proprietary rights of any third party,
including, but not limited to, the unauthorized copying of copyrighted
material, the digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and the unauthorized
transmittal of copyrighted software.
4.8 You agree not to collect or attempt to collect personally
identifiable information of any person or entity without their
express written consent. You shall maintain records of any such
written consent throughout the terms of this agreement and for
three years thereafter.
4.9 You agree not to undertake any action which is harmful
or potentially harmful to the Cheap Web Hosting World.com server
structure.
4.10 You agree not to sublease your account, www.yourcompany.com/client,
or offer free space to other clients. Our web plans are for
single users only.
5 LICENSE
Cheap Web Hosting World.com pursuant to the terms and conditions
set forth herein hereby grants you a non-exclusive, limited,
personal, non-transferable license to use the Cheap Web Hosting
World.com Web Hosting Service for the term of the agreement
as set forth herein.
6 OWNERSHIP OF INTELLECTUAL PROPERTY; CONFIDENTIALITY
6.1 It is understood and agreed that during the term of this
agreement and thereafter you may come into possession of information
which is the confidential and proprietary information of Cheap
Web Hosting World.com including but not limited to the Cheap
Web Hosting World.com customer service and maintenance tools.
You acknowledge that all right and title to any such Cheap Web
Hosting World.com intellectual property shall remain the sole
property of Cheap Web Hosting World.com and that you have no
right, title or interest therein. You further agree not to provide
access to the Cheap Web Hosting World.com services to any third
party. You agree yourself and not to assist any third party
in any way to translate, decompile, reverse engineer, disassemble,
modify, reproduce, rent, lease, lend, license, distribute, market
or otherwise dispose of any portion of the Cheap Web Hosting
World.com Services. Any and all right or title to any engineering,
coding, programming or customer service work around or other
modification of the Cheap Web Hosting World.com service shall
also remain the sole property or Cheap Web Hosting World.com.
6.2 During the term of this agreement you may have access to
certain information and materials relating to the Cheap Web
Hosting World.com business, customers, software technology and
marketing which Cheap Web Hosting World.com treats as confidential
(hereinafter “Confidential Information”). You agree to at all
times during the term of this agreement and otherwise as set
forth herein: (i) hold in confidence, and not disclose or reveal
to any person or entity, any “Confidential Information” without
the express prior written consent of Cheap Web Hosting World.com;
and (ii) not use or disclose any of the “Confidential Information”
for any purpose at any time, other than pursuant to your rights
under this agreement for the purpose intended. These obligations
shall continue indefinitely for so long as the Confidential
Information is a trade secret under applicable law and shall
continue for three (3) years following termination of this Agreement
with respect to Confidential Information, which does not rise
to the level of a trade secret.
7 TERM
The initial term of this agreement shall be one (1) month with
automatic renewal for subsequent additional months after the
expiration of the initial term. Cheap Web Hosting World.com
reserves the right to accept pre-payment of renewal periods
and may from time to time offer financial incentives for such
pre-payment. The term of the agreement, however, shall remain
one (1) month.
8 SUSPENSION AND TERMINATION
8.1 Suspension - At the sole option of Cheap Web Hosting World.com
for any reason set forth herein or in the event that you breach
any term of this agreement including but not limited to Section
1 (Payment of Fees) and Section 4 (Acceptable Use Policy) Cheap
Web Hosting World.com may suspend your account by deactivating
any access by you or by web users to any information contained
on the Cheap Web Hosting World.com servers related to your account
while maintaining the information and data related to your account
upon the Cheap Web Hosting World.com servers. Suspension shall
specifically include the disabling of your hosted domain and/or
any access to information or data related to your account. In
the event of any such suspension you will be notified and given
an opportunity to correct such breach. In the event that such
breach is not corrected within ten (10) days the account may
be terminated under paragraph 8.2. Service charges will continue
to accrue on suspended accounts as if they were not suspended.
You will remain responsible for the payment of any such charges
during any such period of suspension.
8.2 Termination - This agreement and all of it’s terms shall
remain in full force and effect until it is terminated. Termination
shall include the removal of any and all of your information
from the Cheap Web Hosting World.com servers. Such information
or data may or may not be made available to you by Cheap Web
Hosting World.com after any such termination. This agreement
may be terminated either (a) after a period of suspension as
set forth in paragraph 8.1 or (b) by either party upon 45 days
notice in advance of a renewal period for any reason.
8.3 In the event of termination under paragraph 8.2(a) there
will be no refund provided to you. In addition, Cheap Web Hosting
World.com may charge you an additional termination fee not to
exceed $100.00 at its sole option. The assessment of this termination
fee shall not effect the rights of Cheap Web Hosting World.com
to recover from you losses, damages, indemnity, defense costs,
expert costs, collection costs and/or attorneys fees or other
costs of any kind as may be applicable under California Law
8.4 In the event of any termination under paragraph 8.2(b)
of this subsection any service fees paid in advance beyond the
next renewal date following the notice period under that section
will be refunded to you. This refund shall not include any set-up
fees, Domain Registration fees or other fees which are all non-refundable.
9 NOTICE
9.1 Any notice under this agreement shall be given by Cheap
Web Hosting World.com to you via email at the address provided
by you to Cheap Web Hosting World.com at the commencement of
this agreement or as Cheap Web Hosting World.com is subsequently
advised. Notice to you at this address is deemed sufficient
regardless of your receipt of such email. If you wish to update
your email address you should do so at this page.
10 SURVIVAL
Sections 1, 3 through 6, 8, 9, 11, 12, and 14 through 18, inclusive,
of this agreement shall survive the termination of this agreement
and shall remain in full force and effect after any such termination.
11 WARRANTEES AND LIMITATIONS
11.1 Cheap Web Hosting World.com makes every reasonable effort
to maintain operation of the Cheap Web Hosting World.com service
however because as many events and circumstances are beyond
the control of Cheap Web Hosting World.com, Cheap Web Hosting
World.com does not in any way warrant or otherwise guarantee
the availability of the Cheap Web Hosting World.com system or
servers and is not responsible for any delay or loss of data,
lack of connection, slow connection, or any other such issues
whether due to the active or passive negligence of Cheap Web
Hosting World.com.
11.2 THE Cheap Web Hosting World.com SERVICE IS PROVIDED TO
YOU ON AN “AS IS” BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE.
11.3 In general, Cheap Web Hosting World.com has no control
over information contained on the Internet. Information obtained
by you from the Internet may be inaccurate, offensive or in
some cases even illegal. Cheap Web Hosting World.com accepts
no responsibility for any information which you receive from
the Internet. You accept full responsibility to verify the truth
and accuracy, legality and ownership of the information that
you obtain from the Internet as well as the reputation of the
individuals with whom you may deal. Cheap Web Hosting World.com
provides no warrantee for any goods or services which you obtain
over the Internet nor the compatibility of any such services
with the Cheap Web Hosting World.com system.
11.4 You specifically hereby waive any claim for damages of
any kind whether direct, indirect, special, exemplary, punitive,
incidental or consequential, loss of profits or loss of business
as the result of any action taken in response to any claim of
copyright infringement without regard to whether or not the
material claimed to have been infringing is later found to be
infringing.
11.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS
THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY
ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL
BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO Cheap Web
Hosting World.com IN THE THREE MONTHS IMMEDIATELY PROCEEDING
ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL
Cheap Web Hosting World.com BE LIABLE FOR ANY INDIRECT, SPECIAL,
EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS
OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION
OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.
12 INDEMNITY
12.1 You agree to fully defend and indemnify and hold harmless
Cheap Web Hosting World.com of and from any and all third party
claims, causes of action, demands, costs, damages including
both direct and consequential damages, specifically including
attorneys fees and costs, expert fees and costs and mediation
and/or arbitration fees and costs incurred (whether paid or
not) as the result of any breach or claim of breach of this
agreement or your negligence whether active or passive or any
negligence of Cheap Web Hosting World.com in any way related
to your use of the Cheap Web Hosting World.com service or any
portion thereof.
12.2 You agree to fully defend and indemnify and hold harmless
Cheap Web Hosting World.com of and from any and all third party
claims, causes of action, demands, costs, damages including
both direct and consequential damages, specifically including
attorneys fees and costs, expert fees and costs and mediation
and/or arbitration fees and costs incurred (whether paid or
not) as the result of any violation or claimed violation of
any copyright or other intellectual property right of any third
party which is in any way related to your use of the Cheap Web
Hosting World.com service or any portion thereof. Choice of
counsel remains exclusively that of Cheap Web Hosting World.com
12.3 You agree that upon the assignment of your user ID and
password that you will maintain the confidentiality of your
account information and assume all responsibility of and from
any loss, theft or other destruction of any data as the result
of any access to your account via the use of your user ID. You
further agree to defend and indemnify and hold harmless Cheap
Web Hosting World.com of and from any and all third party claims,
causes of action, demands, costs, damages including both direct
and consequential damages, specifically including attorneys
fees and costs, expert fees and costs and mediation and/or arbitration
fees and costs incurred (whether paid or not) as the result
of any claim for damages in any way related to the disclosure
of your confidential User ID and Password information. Choice
of counsel remains exclusively that of Cheap Web Hosting World.com.
13 FORCE MAJEURE
Either party to this agreement shall be excused from any delay
or failure in performance hereunder caused by reason of any
occurrence or contingency beyond its reasonable control, including
but not limited to, acts of God, earthquake, labor disputes
and strikes, riots, war, and governmental requirements. The
obligations and rights of the party so excused shall be extended
on a day-to-day basis for the period of time equal to that of
the underlying cause of the delay.
14 ASSIGNMENT
This agreement and the rights hereunder is not assignable or
transferable except that Cheap Web Hosting World.com may assign
it’s rights hereunder to any person or entity who shall become
a principal owner, or shareholder of Cheap Web Hosting World.com.
Any other attempted transfer or assignment of rights hereunder
shall be null and void ab initio.
15 SEVERABILITY
If any term, clause or provision hereof is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity
shall not affect the validity or operation of any other term,
clause or provision and such invalid term, clause or provision
shall be deemed to be severed from the Agreement.
16 CHOICE OF LAW
This Agreement shall be interpreted under the laws of the State
of California without regard to any conflict of laws provisions.
Any action between the parties to this agreement for the breach
of this agreement or any action or claim in any way relating
thereto shall be venued in the Superior Court of the State of
California, County of Los Angeles. The parties to this agreement
hereby consent to jurisdiction in that court and agree to accept
service by mail and hereby waive any defense of any kind related
to jurisdiction or venue.
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