This Terms and Conditions ("Agreement") is an agreement between
Web-Host-Plus.com ("WHP") and the party ("Customer", "Client", "Member", "you". "your"),
and applies to all services ("Services") ordered by Customer
BY COMPLETING THE SIGNUP PROCESS, YOU AGREE TO BE BOUND BY THE TERMS
OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE.
YOUR CONTINUED USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
WHP reserves the right to terminate this Agreement for any reason or
no reason. WHP reserves the right to refuse service to anyone.
Service Usage Policy
Under this Agreement, Customer shall comply with WHP's then current Service
Usage Policy, located on our website at http://www.web-host-plus.com/custpolicy.htm.
Member Content will include content uploaded to, submitted to, stored on or
disseminated by Customer via the Services. Member Content also includes content
of users of Customer's website and materials and content provided by third
parties. Customer shall be solely responsible for the development, operation,
and maintenance of Member Content.
WHP may take corrective action with or without notice, including removal of
all or a portion of the Member Content, disconnection or discontinuance of
any and all Services, or termination of this Agreement in the event of notice
of possible violation by Customer of this Agreement or our Service Usage
Policy. Customer agrees that WHP shall have no liability to Member due to
any Corrective Action that WHP may take. Customer also agrees that WHP will
not provide any refunds of any fees paid by Member prior to Corrective Action.
In the event of Corrective Action against Spamming Activities and Internet
Abuse, WHP will charge the customer a $500.00 clean up fee.
Policy Amendments and Modifications
WHP may amend or modify this Agreement or the Service Usage Policy at any time
in its sole discretion. Customer shall be bound by any such modification.
WHP may, but is under no obligation to, provide notice of any modification
of this Agreement or the Service Usage Policy. Any modification is effective
upon posting on WHP's website. If you continue to use the Services following
effectiveness of the modification, your continued use will mean that you
have accepted that modification.
WHP reserves the right to amend its service offerings and add, delete, suspend,
or modify the Services at any time, and to determine whether and when any
such changes apply to both existing and future customers.
Term and Termination
Services will commence on the Effective Date on which the customer signs up
and continue until one of the parties requests to terminate services.
The Agreement will automatically renew for successive terms
of equal length as the Initial Term or the most current term selected
by Customer and indicated in their control panel, unless the Agreement
is terminated by either party.
Either party may terminate this Agreement immediately upon the occurrence
of any one or more of the following events: (i) the other party fails
to pay when due any amounts required to be paid under this Agreement;
(ii) the other party breaches any material term or provision of this
Agreement and/or the Service Usage Policy; (iii) the other party becomes
insolvent, makes an assignment for the benefit of its creditors, institutes
or becomes subject to any proceeding under any bankruptcy or similar
laws for the relief of debtors, or seeks the appointment of, or becomes
subject to the appoint of, any trustee or receiver for all or any portion
of such party's assets.
WHP may terminate this Agreement, (i) if the Services are prohibited
by applicable law, (ii) if the Services become impractical or unfeasible
for any technical, legal, or regulatory reason, (iii) as part of Corrective
Action, (iv) for any reason or no reason.
If WHP terminates this Agreement or Customer cancels this Agreement
prior to the end of the contract term and after the initial 30 days of
service (during which the 30 Day Money Back Guarantee offer is active),
WHP will not refund to Customer any Service Fees paid in advance of termination.
Customer agrees that they are obligated to pay all Service Fees and charges
accrued prior to the effective termination date.
WHP may randomly select customers and require them to provide additional billing
information, verify billing information, and/or fill out and fax Credit Card
authorization forms to authenticate orders as part of WHP's fraud prevention
program. Customers are required to comply with all fraud prevention program
requests. Any unfulfilled requests may result in account suspension and/or
New Domain Name Registration
Under this Agreement, Customer may, through the Order Form, request WHP to
register a new domain name on behalf of the Customer. Customer understands
and acknowledges that WHP is not a Domain Registrar and that WHP will register
new domain names through a Domain Registrar partner selected by WHP. Customer
understands that the domain registration process requires WHP to pass Customer
Information to the Domain Registrar partner and such information may become
WHP will not be responsible if a domain name is not available for any
reason. WHP will not be responsible for any infringement of any thrid
party rights caused by its domain registration on behalf of Customer.
For such new domain name registration, Customer shall comply with the
then current Domain Name Terms and Conditions posted at http://www.web-host-plus.com/custpolicy.htm.
Customer agrees WHP will automatically renew such domain name annually
and charge the Customer the annual domain name registration fee as posted
in the then current WHP fee schedule, unless the Agreement is terminated
by either party prior to the annual domain name renewal date. Customer
understands that Domain Name Registration fees are non-refundable. Customer
understands that WHP's sole role in domain name management is in managing
the domain name renewal fee payments and any other domain name management
issues are the responsibility of the Customer.
In the case of termination of this Agreement by either party, WHP's
domain name management services will also terminate and the management
of the domain name, including domain name renewals and transfers, is
the sole responsibility of the Customer.
Customer waives any claims it may have against WHP for, and hereby releases
WHP of and from, any loss, damage, liability or expense arising out of,
or relating to, the registration of such domain name in any online or
offline network directories, membership lists or registration lists,
or the release of the the domain name from such directories or lists
following the termination of Services for any reason.
Domain Name Transfers
Under this Agreement, Customer may, through the Order Form, request WHP to
activate an account for an existing Domain Name. By completing the Order
Form, Customer represents and warrants to WHP that they have the authority
to transfer said domain name. Customer understands that WHP will provide
necessary information, including WHP DNS Server information, to the Customer
to facilitate the domain name transfer process. However, the domain name
transfer process is the sole responsibility of the Customer. Customer understands
that such domain names are registered with or through third parties and the
Customer must contact these third parties in order to transfer the domain
The Customer is solely responsible for managing said domain name, including
making annual domain registration fee payments with the Domain Registrar
or other domain name management company.
Fees, Taxes, and Payment
Services are provided on a pre-pay basis. Customer will pay to WHP the Service
Fees in accordance with WHP's fee schedule. All fees are fully earned when
due and non-refundable when paid, unless within the first 30 days of Service
(in which case, WHP's 30 day money back guarantee offer will be active).
Service Fees for renewal periods after the Initial Term shall be due immediately
upon the first day of renewal period. All payments shall
be made in US Currency, using a Payment Gateway at the Customer's choice,
from the gateways offered by WHP.
If any invoice is not paid when due, WHP will impose an interest at
the rate of one and one half percent (1.5%) per month or the maximum
rate permitted by applicable law, whichever is less. If payment is not
made ten (10) calendar days after payment is due, WHP will charge Customer
a late fee of $15. In the event that any amount due WHP is not paid after
twenty (20) calendar days after payment is due, WHP may immediately terminate
this Agreement, or withhold or suspend Services, in its sole discretion.
The Service Fees do not include any applicable sales, use, revenue,
excise or other taxes imposed by any taxing authority with respect to
the Services or any software provided hereunder. If applicable, all taxes
will be paid by the Customer.
WHP may, with 15 days notice to Customer, amend the Service Fee schedule.
30 Day Money Back Guarantee
If Customer terminates this Agreement within 30 calendar days of SignUp Date,
they will receive a full refund of the monthly Service Fees. Setup Fees,
Name Registration Fees, and bandwidth addon fees are
There is a $30 charge to reactive accounts that have been suspended or terminated.
WHP in its sole discretion can decide to reactivate or not to reactivate
a particular account.
Hardware and Software
Customers are responsible for and must provide all phones, phone and Internet
connectivity services, computers, software, hardware, and other services
necessary to access WHP servers and Services. WHP makes no representations,
warranties, or assurances that customer's equipment will be compatible with
Customer agrees that they will not use excessive amounts of CPU processing
on any of WHP's servers. Any violation of this policy may result in corrective
action by WHP, which may be taken in WHP's sole discretion with or without
Bandwidth and Disk Space Usage
Customer agrees that they shall not exceed the allotted limits for monthly
bandwidth and disk space as set forth during the Order or subsequent addon
purchase of additional server resources. WHP monitors Customer server resource
usage and has the right to take Corrective Action, if the Customer's server
resource usage exceeds the agreed upon limits or adversely affects other
customers. If WHP must take Corrective Action, Customer shall not be entitled
to refunds of any paid Service Fees.
Customer Representations and Warranties
Customer represents and warrants to WHP that during the Term that Customer
owns, is a valid licensee, or has the right to use the Member Content, including
all text, graphics, and code, and the use, reproduction, distribution and
transmission of the Member Content and any information and materials contained
therein does not, and will not, (i) infringe any copyright, trademark, or
any other proprietary right of a third party, (ii) violate any criminal laws
and will only be used for lawful purposes, (iii) constitute false advertising,
unfair competition, defamation, an invasion of privacy, violate a right of
publicity or violate any other law or regulation, or (iv) contain and will
at all times remain free of computer viruses, worms, trojan horses, and other
If Customer is engaged in Ecommerce Activity, they are solely responsible for
(i) the accuracy and appropriateness of the Member Content, (ii) ensuring
that Member Content does not infringe or violate upon the rights of any third
party or individual, (iii) ensuring that the Member Content, products and
services are not illegal, (iv) accepting, processing, and fulfilling customer
orders, (v) handling customer inquiries or complaints, (vi) payment of any
and all taxes associated with its online store, and (vii) the security and
privacy of any customer information that Customer may receive as a result
of Ecommerce Activity.
License to WHP
Customer grants WHP the royalty-free, non-exclusive, worldwide right and license
to reproduce, copy, use and distribute Member Content and to make archival
or backup copies of the Member Content to provide and operate the Services.
WHP acknowledges that they are not acquiring any right, title or interest
in or to the Member Content, all of which shall remain solely with the Customer.
No Resale of Service
Customer agrees not to reproduce, duplicate, copy, sell, resell or exploit
any portion of the Service, use of the Service, or access to the Service.
WHP Intellectual Property
WHP grants to Customer a non-exclusive, non-transferable, royalty-free license,
exercisable solely during the term of this Agreement, to use applicable WHP
Technology solely for the purpose of accessing and using the Services. Customer
may not use the WHP Technology for any purpose other than accessing and using
the Services. Except for the rights expressly granted herein, this Agreement
does not transfer from WHP to Customer any WHP Technology, and all rights,
titles and interests in and to the WHP Technology shall remain solely with
WHP. Customer shall not, directly or indirectly, reverse engineer, decompile,
disassemble, or otherwise attempt to derive source code or other trade secrets
from any of the WHP Technology. WHP's trademarks, tradenames, service marks,
logos, other names and marks, and related product and service names, design
marks and slogans are the sole and exclusive property of WHP. Customer may
not use any of the foregoing in any advertising, publicity or in any other
commercial manner without the prior written consent of WHP.
Any feedback, data, answers, questions, comments, suggestions, idea
or the like which Customer sends to WHP relating to the Services will
be treated as being non-confidential and non-proprietary. WHP may use,
disclose or publish any ideas, concepts, know-how or techniques contained
in such information for any purpose whatsoever.
Disclaimer of Warranty
Customer agrees to use all Services and any information obtained through or
from WHP, at Customer's own risk. Customer acknowledges and agrees that WHP
exercises no control over, and accepts no responsibility for, the content
of the information passing through WHP's host computers, network, or the
Internet. THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.
NONE OF WHP, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF
THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES,
AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE
("WHP PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR
ANY EQUIPMENT WHP PROVIDES. NO WHP PERSON MAKES ANY WARRANTIES THAT THE SERVICES
WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO
THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE
CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WHP IS NOT LIABLE, AND EXPRESSLY
DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO
OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S USERS VIA THE
SERVICES PROVIDED BY WHP. NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY WHP
PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION
OR ADVICE. The terms of this section shall survive any termination of this
Customer agrees to indemnify, defend and hold harmless WHP and its parent,
subsidiary and affiliated companies, and each of their respective officers,
directors, employees, shareholders and agents ("Indemnified Parties")
from and against any and all claims, damages, losses, liabilities, suits,
actions, demands, proceedings, and expenses (including attorney fees) threatened,
asserted, or filed by a third party against any of the Indemnified Parties
arising out of or relating to (i) Customer's use of the Services, (ii) any
violation by Customer of the Service Usage Policy, (iii) any breach of any
representation, warranty, or covenant of Customer contained in this Agreement,
or (iv) any acts or omissions of Customer. The terms of this section shall
survive any termination of this Agreement.
Limitation of Liability
Customer agrees that no WHP Person, under any circumstances, shall be held
responsible or liable for situations where the Services are accessed by third
parties through illegal or illicit means, including situations where such
data is accessed through the exploitation of security gaps, weaknesses or
flaws (whether known or unknown to WHP at the time) which may exist in the
Services or WHP's equipment used to provide the Services.
Under no circumstances, including negligence, shall any WHP Person be
liable for any indirect, incidental, special, consequential or punitive
damages, or loss of profits, revenue, data or use by Customer, any of
its users, or any other third party, whether in an action in contract
or tort or strict liability or other legal theory, even if WHP has been
advised of the possibility of such damages.
No WHP Person shall be liable to Customer, any of its users, or any
other third party, for any loss or damages that result or are alleged
to have resulted from the use of or inability to use the Services, or
that results from mistakes, omissions, interruptions, deletion of files,
loss of data, errors, viruses, defects, delays in operations, or transmission
or any failure of performance, whether or not limited to acts of God,
communications failure, theft, destruction or unauthorized access to
WHP's records, programs, equipment, or services.
IN NO EVENT WILL WHP'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY
SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO
DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED
THE AGGREGATE ACTUAL SERVICE FEES PAID TO WHP BY CUSTOMER DURING THE
12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
WHP CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME,
INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE
INTERNET. WHP WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY
CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE
OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS
Customer understands, acknowledges and agrees that if WHP takes any
corrective action under this Agreement because of an action of Customer
or its website users, Customer agrees that WHP shall have no liability
to Customer due to such corrective action by WHP.
The terms of this section shall survive any termination of this Agreement.
Neither party is liable for any default or delay in the performance of any
of its obligations under this Agreement (other than failure to make payments
when due) if such default or delay is caused, directly or indirectly, by
forces beyond such party's reasonable control, including, without limitation,
fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism,
acts of government or other legal order, interruptions of transportation
or communications, supply shortages or the failure of any third party to
perform any commitment relative to the production or delivery of any equipment
or material required for such party to perform its obligations hereunder.
WHP and Customer are independent contractors and nothing contained in the Agreement
places WHP and Customer in the relationship of principal and agent, partner
or joint venturers. Neither party has, expressly or by implication, or may
represent itself as having, any authority to make contracts or enter into
any agreements in the name of the other party.
Assignment and Successors
Customer may not assign or transfer this Agreement, or any of its rights or
obligations hereunder, without the prior written consent of WHP. Any attempted
assignment in violation of the foregoing provision shall be null and void
and of no force or effect whatsoever. WHP may assign its rights and obligations
under this Agreement, and may engage subcontractors or agents in performing
its duties and exercising its rights hereunder, without the consent of Customer.
This Agreement shall be binding upon and shall inure to the benefit of the
parties hereto and their respective successors and permitted assigns.
Entire Agreement and Severability
This Agreement represents the entire agreement between the parties, and supercedes
all previous agreements.
All rights and restrictions contained in the Agreement may be exercised
and shall be applicable and binding only to the extent that they do not
violate any applicable laws and are intended to be limited to the extent
necessary so that they will not render this Agreement illegal, invalid
or unenforceable. If any provision or portion of any provision of this
Agreement shall be held to be illegal, invalid or unenforceable by a
court of competent jurisdiction, it is the intention of the parties that
the remaining provisions or portions thereof shall constitute their agreement
with respect to the subject matter hereof, and all such remaining provisions
or portions thereof shall remain in full force and effect.
Customer hereby represents that they are either, an individual entering
this Agreement for their personal use and is of legal age to execute
this Agreement, or a corporation, limited partnership or other legal
entity, validly existing under the laws of the state of its organization
and the person acting on behalf of Customer is authorized to execute
this Agreement on behalf of Customer.