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Note: Your Credit Card will be billed as "OmniPlatform Software"
1. AGREEMENT. In this
Web Hosting Service Agreement ("Agreement") "you" and "your" refer to
each customer, "we", us" and "our" refer to GoWebber, a company of OmniPlatform Software Corp. "Services"
refers to the services provided by us, including our web hosting
services. This Agreement explains our obligations to you, and explains
your obligations to us for various Services. By selecting our Services
you have agreed to establish an account with us for such Services. When
you use your account or permit someone else to use it to purchase or
otherwise acquire access to additional Services or to cancel your
Services (even if we were not notified of such authorization), this
Agreement covers such services or actions. By using the Services under
this Agreement, you acknowledge that you have read and agree to be
bound by all terms and conditions of this Agreement and any pertinent
rules or policies that are or may be published by us.
2. FEES, PAYMENTS AND BILLING POLICIES. As
consideration for the services you have selected, you agree to pay us
the applicable service fees. All fees payable hereunder are
non-refundable except those fees covered by the "30 Day Money Back
Guarantee". As further consideration for the Services, you agree to:
(1) provide certain current, complete and accurate information about
you as required by the registration process and (2) maintain and update
this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information
("Account Information"). You hereby grant us the right to disclose to
third parties as needed to maintain your services. By submitting to
this Agreement, you represent that the statements you have made in are
true and you will not use our Services for any unlawful purpose.
- 2a. FEES and PAYMENTS. All fees are payable in US
Dollars. All payments are due on the 1st of every month (See
Section 2b, "Billing Cycle", for more information). The following
credit cards are accepted: Visa, MasterCard & American Express. If
you provide us with your credit or debit card information, you
authorize GoWebber to automatically charge the card listed in your
account for any fees due on your account. Recurring fees will be
charged to the credit or debit card number listed in your account until
you cancel your account in accordance with our cancellation policy. All
charges made to your credit card will be posted on
your credit card statements. You are responsible for keeping updated
credit or debit card information in your account. This includes but is
not limited to credit card numbers, expiration dates, CVV2 numbers or
billing address.
- 2b. BILLING CYCLE. All payments are due on the 1st day of every month.
Your account will be billed according to
the billing cycle chosen when you purchased your service(s).
GoWebber offers three billing cycles: Monthly (every month),
Quarterly (every 3 months) or Yearly (every 12 months). If you have
purchased a package that is billed monthly your credit card will be
charged every month. If you have purchased a package that is billed
quarterly your credit card will be charged every three months. If you
have purchased a package that is billing yearly your credit card will
be charged every year on the Anniversary Date. Any subsequent recurring
charges will be billed to your credit card on that date. Amounts will
be prorated to align your charges with the 1st day of the month.
- 2c. CANCELLATION POLICY. Services will
automatically renew until a service is cancelled. If you do not wish to
renew your Monthly, Quarterly or Annual Service agreement you must
cancel your account by entering a ticket to our Customer Service
department. All cancellations must be requested via a ticket by
selecting the option "Cancellation" when using our ticketing system. A
cancellation refers to the removal of user materials from our systems
and the deactivation of services. You will be required to pay any
outstanding charges owed. Please be aware that there are no pro-rated
refunds after the first 30 days of service regardless of billing cycle.
Domain Name Registrations CANNOT be cancelled. As the purchaser of the
Domain Name you are the Domain Name's owner until the term of the
Domain Name's registration has expired. GoWebber will not
automatically cancel services for problems related to registrar
transfers, non-usage, your ISP, or any other issues not directly
related to GoWebber's services. GoWebber reserves the right to
cancel any account at any time without notice, for any reason
GoWebber deems appropriate.
- 2d. BILLING DISPUTES AND BANK CHARGE BACKS. All
Bank Disputes and Bank Issued Charge Backs result in the complete
cancellation of your account. All Bank Disputes and Charge Backs are
reported to the issuer's Credit Agency. If a Charge Back is made on
domain name registration or renewal fees, you forfeit all ownership and
administrator rights to the domain name(s). In the event that a Charge
Back was made in error, you will be charged a $40.00 reinstatement fee
for each credit card charge back received by GoWebber before your
services and/or domain name will be reactivated.
- 2e. SERVICE CHANGES. You are allowed to change
your Web Site Hosting package for free. An example of changing
your service means moving from an FTP account to a FrontPage account or
from Monthly billing to Yearly billing.
- 2f. 30 DAY MONEY BACK GUARANTEE. Most services
offered by GoWebber carry a 30 Day Money Back Guarantee. If you are
not completely satisfied with our services, you will receive a full
refund during the first 30 days after the service was added. The
following fees do not qualify for the 30 Day Money Back Guarantee:
domain name registrations, domain name renewals, file transfer
(bandwidth) overage fees, and setup fees.
- 2g. BILLING/PRICE CHANGES.
GoWebber reserves the right to change billing prices and policies at any time without notice.
- 2h. BILLING FOR ADDITIONAL FILE TRANSFERS.
GoWebber automatically bills customers for excess file transfer
("bandwidth") usage. Customers are allocated a set amount of file
transfer with their hosting service depending on the package level
purchased. If you exceed the amount of file transfer you receive as
part of your package you will be billed $0.01 per MB over quota. This
charge is incurred without notification. If you are billed monthly for
our services the overage charge will be attached to your monthly credit
card charge. If you are billed yearly for our services the overage will
be billed to your credit card the month following your overage. The
overage is calculated by monitoring the amount and size of the files
transferred from your account. These charges are made at the sole
discretion of GoWebber and are non disputable.
3. ILLEGAL USE. GoWebber servers may be used for
lawful purposes only. Transmission, storage, or distribution of any
information, data, or material in violation of any state or national
law or regulation is prohibited. This includes, but is not limited to:
copyrighted material; trademarks; trade secrets or other intellectual
property rights used without proper authorization; material that is
obscene, defamatory, constitutes an illegal threat, or violates export
control laws. Any violation of any state or national law or regulation
will result in immediate cancellation of your services. By
participating in any illegal activity, you give up your right to
privacy. Any illegal activity that is brought to the attention of any
employee of GoWebber will be forwarded to state and/or national
authorities as required by law.
4. SECURITY. Violations of system or network security
are prohibited and may result in criminal and civil liability. Examples
include but are not limited to the following: unauthorized access, use,
probing, or scanning of systems security or authentication measures,
data, or traffic; interference with service to any user, host, or
network including, without limitation, mail bombing, flooding,
deliberate attempts to overload a system, broadcast attacks; forging of
any TCP-IP packet header or any part of the header information in an
email or a newsgroup posting.
5. SERVER ABUSE. Any attempts to undermine or cause
harm to a GoWebber's servers or customers are strictly prohibited.
This includes the abusive sending of unsolicited email, also known as
"Spam". (See Section 7, "Spam Policy", for more information.)
6. CUSTOMER CONDUCT. You are solely responsible for
the contents of your transmissions through GoWebber. Your use of the
GoWebber service(s) is subject to all applicable local, state and
national laws and regulations. You agree: (1) to comply with US law
regarding the transmission of technical data exported from the United
States through GoWebber; (2) not to use GoWebber for illegal
purposes; (3) not to interfere or disrupt networks connected to the
GoWebber; and (4) to comply with all regulations, policies and
procedures of networks connected to GoWebber. You agree not to
transmit through GoWebber's service(s) any unlawful, harassing,
libelous, abusive, threatening, harmful, or otherwise legally
objectionable material of any kind or nature. You further agree not to
transmit any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate any
applicable local, state or national law or regulation. Attempts to gain
unauthorized access to other computer systems are prohibited. You shall
not interfere with another customer's use and enjoyment of the
GoWebber's service(s) or another entity's use and enjoyment of
similar services. GoWebber may, at its sole discretion, immediately
terminate your service or any agreement with us should your conduct
fail to conform to these terms and conditions.
7. SPAM POLICY. Sending unsolicited bulk and/or
commercial messages over the Internet (known as "spamming") is
prohibited, regardless of whether or not it disrupts services to
GoWebber customers. The term "spamming" also includes, but is not
limited to engaging in spamming using the service of another ISP and
referencing in the spam a web site hosted on a GoWebber server.
GoWebber investigates all reports of Spam submitted via our email form to report abuse.
Should evidence of spam activity be found, all services relating to the
spam activity will result in termination without notice. GoWebber
reserves the right to determine, in its sole and absolute discretion,
what constitutes a violation of this provision.
8. COPYRIGHT VIOLATIONS & INTELLECTUAL PROPERTY VIOLATIONS.
You agree not to engage in any activity that infringes or
misappropriates the intellectual property rights of others, including
copyrights, trademarks, service marks, trade secrets, software piracy,
and patents held by individuals, corporations, or other entities. Also,
you agree to not engage in activity that violates privacy, publicity,
or other personal rights of others. GoWebber is required by law to
remove or block access to customer content upon receipt of a proper
notice of copyright infringement in accordance with the Digital
Millennium Copyright Act (DMCA). It is also GoWebber's policy to
terminate the privileges of customers who commit repeat violations of
copyright laws.
9. ACTIONS TAKEN BY GoWebber. Your failure to meet
or follow any of the Terms and Conditions set forth by GoWebber is
grounds for account deactivation. GoWebber will be the sole arbiter
as to what constitutes a violation of its Terms and Conditions.
GoWebber reserves the right to remove any account without prior
notice. When GoWebber becomes aware of an alleged violation of its
Terms and Conditions, GoWebber will initiate an investigation.
During the investigation, GoWebber may restrict a customer's access
in order to prevent further potentially unauthorized activity.
Depending on the severity of the violation, GoWebber may, at its
sole discretion, restrict, suspend, or terminate a customer's web
hosting account and/or pursue other civil remedies. If such violation
is a criminal offense, GoWebber will notify the appropriate law
enforcement authorities of such violation.
10. MODIFICATIONS TO AGREEMENT. You agree, during the
period of this Agreement, that we may: (1) revise the terms and
conditions of this Agreement; and (2) change the services provided
under this Agreement. Any such revision or change will be binding and
effective immediately on posting of the revised Agreement or change to
the service(s) on our web site, or on notification to you by e-mail or
regular mail as per the Notices section of this agreement, Section 23.
You agree to review our web site, including the Agreement, periodically
to be aware of any such revisions. If you do not agree with any
revision to the Agreement, you may terminate this Agreement at any time
by submitting a cancellation ticket in accordance with our Cancellation
Policy (See Section 2c, "Cancellation Policy", for more information).
Notice of your termination will be effective on receipt and processing
by us. You agree that, by continuing to use the Services following
notice of any revision to this Agreement or change in service(s), you
abide by any such revisions or changes.
11. MODIFICATIONS TO YOUR ACCOUNT. In order to change
any of your account information with us, you must use your Account
Identifier and Password that you selected when you opened your account
with us. Please safeguard your Account Identifier and Password from any
unauthorized use. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password.
12. ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or operation of our
services and those of our service partners. These announcements will be
predominately informative in nature and may include notices describing
changes, upgrades, new products and services offered by GoWebber or
Third Parties or other information to add security or to enhance your
identity on the Internet.
By accepting these Terms and Conditions and by using GoWebber's Services you agree to our stated Privacy Policy.
13. LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to any Services(s)
provided under this Agreement and any breach of this Agreement is
solely limited to the amount you paid for such Service(s). We and our
contractors shall not be liable for any direct, indirect, incidental,
special or consequential damages resulting from the use or inability to
use any of the Services or for the cost of procurement of substitute
services. Because some states do not allow the exclusion or limitation
of liability for consequential or incidental damages, in such states,
our liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited to: (1)
loss or liability resulting from access delays or access interruptions;
(2) loss or liability resulting from data non-delivery or data
mis-delivery; (3) loss or liability resulting from acts of God; (4)
loss or liability resulting from the unauthorized use or misuse of your
Account Identifier or Password; (5) loss or liability resulting from
errors, omissions, or misstatements in any and all information or
services(s) provided under this Agreement; (6) loss or liability
resulting from the development or interruption of your Web site or
email service. You agree that we will not be liable for interruption of
business, or any indirect, special, incidental, or consequential
damages of any kind (including lost profits) regardless of the form of
action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages. In no
event shall our maximum liability exceed one hundred ($100.00) dollars.
14. INDEMNITY. You agree to release, indemnify, and
hold us, our contractors, agents, employees, officers, directors and
affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising
under this Agreement, the Services provided hereunder or your use of
the Services, including without limitation infringement by you, or
someone else using the E-mail Service with your computer, of any
intellectual property or other proprietary right of any person or
entity, or from the violation of any of our operating rules or policy
relating to the service(s) provided. When we are threatened with suit
by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those assurances
may be considered by us to be a breach of your Agreement and may result
in termination of our Services to you.
15. BREACH. You agree that failure to abide by any
provision of this Agreement, any operating rule or policy provided by
us, may be considered by us to be a material breach and that we may
provide a written notice, describing the breach, to you. If within
thirty (30) calendar days of the date of such notice, you fail to
provide evidence, which is reasonably satisfactory to us, that you have
not breached your obligations under the Agreement, then we may
terminate our Services, including but not limited to our web hosting
services, without further notice. Any such breach by you shall not be
deemed to be excused simply because we did not act earlier in response
to that, or any other breach by you.
16. NO GUARANTY. You agree that, by registration or
reservation of your chosen domain name, such registration or
reservation does not confer immunity from objection to the
registration, reservation, or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree and warrant
that the information that you provide to us to register for our
Services is, to the best of your knowledge and belief, accurate and
complete, and that any future changes to this information will be
provided to us in a timely manner according to the modification
procedures in place at that time. You agree that your use of our
Services is solely at your own risk. You agree that such Service(s) is
provided on an "as is," "as available" basis. We expressly disclaim all
warranties of any kind, whether express or implied, including but not
limited to the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. We make no warranty that the
Services will meet your requirements, or that the Service(s) will be
uninterrupted, timely, secure, or error free; nor do we make any
warranty as to the results that may be obtained from the use of the
Service(s) or as to the accuracy or reliability of any information
obtained through the our e-mail service or that defects in the Services
software will be corrected. You understand and agree that any material
and/or data downloaded or otherwise obtained through the use of the our
e-mail service is done at your own discretion and risk and that you
will be solely responsible for any damage to your computer system or
loss of data that results from the download of such material and/or
data. We make no warranty regarding any goods or services purchased or
obtained through the e-mail service or any transactions entered into
through the e-mail service. No advice or information, whether oral or
written, obtained by you from us or through the e-mail service shall
create any warranty not expressly made herein. Some jurisdictions do
not allow the exclusion of certain warranties, so some of the above
exclusions may not apply to you.
18. REVOCATION. You agree that we may terminate your
right to use our Services if the information that you provided to
register for our Services, or subsequently to modify it, contains false
or misleading information, or conceals or omits any information we
would likely consider material.
19. RIGHT OF REFUSAL. We, in our sole discretion,
reserve the right to refuse to host your website or register you for
other Services, or to terminate the Services we provide you within
thirty (30) calendar days from receipt of your payment for such
services. In the event we do not host your website or register you for
other Services within such thirty (30) calendar day period, we agree to
refund your applicable fee(s). You agree that we shall not be liable to
you for loss or damages that may result from our refusal to host your
website or register you for other Services.
20. SEVERABILITY. You agree that the terms of this
Agreement are severable. If any term or provision is declared invalid
or unenforceable, that term or provision will be construed consistent
with applicable law as nearly as possible to reflect the original
intentions of the parties, and the remaining terms and provisions will
remain in full force and effect.
21. NON-AGENCY. Nothing contained in this Agreement
shall be construed as creating any agency, partnership, or other form
of joint enterprise between the parties.
22. NON-WAIVER. Our failure to require performance by
you of any provision hereof shall not affect the full right to require
such performance at any time thereafter; nor shall the waiver by us of
a breach of any provision hereof be taken or held to be a waiver of the
provision itself.
23. NOTICES. Any notice, direction or other
communication given under this Agreement shall be in writing and given
by sending it via e-mail or via regular mail. In the case of e-mail,
valid notice shall only have been deemed to be given when the sender
has obtained an electronic confirmation of delivery. E-mail notice
shall be sent to you at the e-mail address you have provided in your
registration application or as updated from time to time. Mail shall be
sent to us at GoWebber Web Hosting Services, c/o OmniPlatform Software Corporation,
7519 River Glen Drive,
Riverside, California 92509 and mail
shall be sent to you at the mailing address you have provided in your
registration application or as updated from time to time.
24. ENTIRETY. You agree that this Agreement and the
rules and policies published by us are the complete and exclusive
agreement between you and us regarding our Services. This Agreement
supersedes all prior agreements and understandings, whether established
by custom, practice, policy or precedent.
25. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY
AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE
OF CALIFORNIA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING
CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT
IN RIVERSIDE, CALIFORNIA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION
OF SUCH COURTS.
26. INFANCY. You attest that you are of legal age (18 years or older) to enter into this Agreement.
27. DOMAIN NAMES. Individual Top Level Domains carry
their own Terms and Conditions from the Domain Servicing Company.
28. DESIGN SERVICES. GoWebber Designed Web Sites
are the sole property of GoWebber. By purchasing such service you
are purchasing a limited license to use the Web Site Designs for the
purchase of displaying a single web site on the GoWebber Web Hosting
infrastructure. You may not sub-license, assign, sell or transfer this
license to anyone else without prior written consent from
GoWebber.com.
29. ACCEPTANCE OF AGREEMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. |
