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This Services Agreement (the "Agreement")
contains the complete terms and conditions which govern
your subscription of Web hosting, e-Commerce and other
Internet-related services provided by WebspaceGurus.com (the "Services").
As used in this Agreement, "WebspaceGurus.com"
or "WSG" means "Webspace Gurus", and "Client", "you",
or "your" means you. By clicking on the
"Submit Order" button, you acknowledge that
you have read the Agreement, and you agree to its
terms and conditions and all policies posted on the
WebspaceGurus.com site. As referred to in this Agreement,
"Site" refers to a World Wide Web site and
"WebspaceGurus.com Site" refers to the Site
located at the URL http://www.WebspaceGurus.com,
or any other successor Sites owned or maintained by
WebspaceGurus.com.
1. APPROPRIATE USE OF THE SERVICES.
WebspaceGurus.com provides the Services
exclusively and makes no effort to edit, control,
monitor or restrict the content of data other than
as necessary to provide such Services.
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Client Content. Client
agrees that it will not distribute, electronically
transmit or display any materials supplied by
Client - or through Client by a third party -
to any WebspaceGurus.com server in connection
with Client's use of the Services which:
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violate any state, federal
or foreign laws or regulations;
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infringe on any intellectual
property rights (e.g., copyright, trademark,
patent or other proprietary rights) of WebspaceGurus.com
or any third party;
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are defamatory, slanderous
or trade libelous;
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are threatening or harassing;
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are discriminatory based
on gender, race, age or promotes hate
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contain viruses or other
computer programming defects which result
in damage to WebspaceGurus.com or any third
party.
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Bandwidth. Client
may occupy only the amount of disk space on the
WebspaceGurus.com Server and utilize no more than
the network bandwidth that is allotted by WebspaceGurus.com.
Additional fees, specified in the Virtual Host
plans page, will be charged for exceeding the
disk space and/or network bandwidth allowance
of your selected plan.
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No "SPAM".
Client shall not use the Services for chain letters,
junk mail, spamming, or any use of distribution
lists to any person who has not given specific
permission to be included in such a process. Client
also shall not engage in any unsolicited email
practices at WebspaceGurus.com, or otherwise,
that mentions or reference any domain hosted on
WebspaceGurus.com servers or parked on WebspaceGurus.com
DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL
SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS,
DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES
SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER.
(Violators will be fined! Refer to our UCE
(SPAM) Policy).
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Licensed Software Only.
Client agrees to use only properly licensed
third party software in connection with Client's
use of the Services.
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Back-Up Files and Processing.
Client will have the ability to reinstate
files which are automatically archived by WebspaceGurus.com;
however, WebspaceGurus.com does not guarantee
the existence, accuracy, or regularity of its
backup services on Virtual Servers and, therefore,
Client is responsible for making back-up files
in connection with its use of the Services.
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Termination. WebspaceGurus.com
reserves the right to refuse service to anyone.
WebspaceGurus.com, in its sole discretion, may
immediately terminate this Agreement if Client
engages in any of the foregoing. To report any
unacceptable behavior by a third party using the
Services, please contact abuse@webspacegurus.com.
2. PAYMENT OBLIGATIONS
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Service Fees. By
the Tenth (10th) of each month, WebspaceGurus.com
shall either (i) debit Client's credit card (where
such information is provided by Client) or (ii)
deliver by e-mail an invoice to Client in accordance
with the applicable Services fees for services
rendered for the current month. Where an invoice
is delivered to Client, Client shall remit payment
to WebspaceGurus.com by no later than 10 days
after the specified payment due date. WebspaceGurus.com
shall be entitled to immediately terminate this
Agreement for Client's failure to make timely
payments to WebspaceGurus.com. Certain services
carry a set-up fee charged by WebspaceGurus.com
to Client that must be paid by Client in order
to have use of the Services. If Client terminates
this Agreement in accordance with Section 4 hereunder,
Client shall be responsible for any outstanding
fees owed to WebspaceGurus.com and agrees to pay
any and all fees incurred by Client. Because the
Services are provided on a monthly basis, unless
a contract is in place, Client will be responsible
for Service fees incurred each month regardless
of when Client provides notice of termination.
Thus, for example, if Client provides notice to
terminate on the 15th of a particular month, Client
will still owe fees for the entire month and such
fees will not be pro-rated or refunded. If Client
has retained the Services for one (1) year and
has pre-paid WebspaceGurus.com for such Services,
refunds will be issued for any unused full month
month portions less one month of the Services
upon Clients request. Therefore, if Client's account
is cancelled at any point during the one (1) year
term, Client will be entitled to a refund for
all but one of the full months remaining after
notice given by the 25th of the preceding month.
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Late payments. Any
payment not received within twenty (20) days of
the invoice date, will be assessed a late fee
of one and one-half percent (1 1/2%) per month
or the highest rate allowed by applicable law,
whichever is lower, with minimum of a $5.00 fee.
Customer also shall pay to WebspaceGurus.com all
expenses incurred by WebspaceGurus.com in exercising
any of its rights under this Agreement or applicable
law with respect to a Payment Default or other
breach by Customer, including, but not limited
to, reasonable attorneys' fees and the fees of
any collection agency retained by WebspaceGurus.com.
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Taxes. Customer will
be responsible for and will pay in full, any taxes
and similar fees now in force or enacted in the
future imposed on the transaction and/or the delivery
of Services.
3. CLIENT LIABILITY AND INDEMNIFICATION
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The parties agree that in
no event shall WebspaceGurus.com be liable to
any third party for Client's breach or alleged
breach of any of the terms and conditions set
forth in this Agreement. Client agrees to defend,
indemnify and hold harmless WebspaceGurus.com
from any and all expenses, losses, liabilities,
damages or third party claims resulting from Client's
breach or alleged breach of any Client obligations
set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
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Subject to the terms and conditions
hereof, this Agreement shall be effective on the
date you register for the Services, and shall
continue in effect on a month-to-month basis unless
otherwise specified by separate agreement (the
"Term") unless terminated earlier pursuant
to the provisions of this Section 4. Either party
will have the right to terminate this Agreement
upon notice to the other party. If Client is terminating
this Agreement, Client must follow instructions
for cancellation provided on the Server
Cancellation Information page. All cancellation
requests must be received by the 25th of the respective
month of cancellation. Any other attempt by Client
to cancel this Agreement by written or e-mail
notice shall be void. Sections 3 - 8 shall survive
termination or expiration of this Agreement.
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If WebspaceGurus.com suspends
a virtual account for non-payment, Client shall
be allowed to re-instate Client's use of the Services
within Five (5) business days of cancellation
upon approval from WebspaceGurus.com and full
payment of balances due.
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If WebspaceGurus.com disconnects
a Dedicated Server or Colocation server for non-payment,
the Client shall pay a fee of Fifty Dollars ($50)
prior to any re-instatement of Client's server.
Once payment has been received, Client's account
will be activated within Forty-Eight (48) business
hours. WebspaceGurus.com will maintain an archival
copy of Client's data files for (5) days after
WebspaceGurus.com disconnects the server.
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If a Client terminates their
account, WebspaceGurus.com will disable the server/account
the day the client specifies the account is cancelled.
WebspaceGurus.com will not maintain an archival
copy of the Clients Web site or files. It
is the responsibility of the Client to remove
any data off the server prior to the date provided
in their cancellation notice.
5. TAXES
6. DISCLAIMER OF WARRANTY
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THE SERVICES, THE WEBSPACEGURUS.COM
SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS
AND SERVICES DISPLAYED OR OFFERED ON THE WebspaceGurus.com
SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS
ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND
WITHOUT WARRANTY OF ANY KIND. WEBSPACEGURUS.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT
LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR
ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING
THE GENERALITY OF THE FOREGOING, WEBSPACEGURUS.COM
SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
(2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO
VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE
SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
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IN NO EVENT SHALL WEBSPACEGURUS.COM
BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA,
PROFITS, USE OF THE WEBSPACEGURUS.COM SITE OR
ANY WEBSPACEGURUS.COM PRODUCTS OR SERVICES, OR
FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL
DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN
CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED
HEREUNDER. IN NO EVENT SHALL WEBSPACEGURUS.COM
CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER
THAN FIVE HUNDRED DOLLARS ($500 US).
8. MISCELLANEOUS
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Notices. Any notices or communication
under this Agreement shall be in writing and shall
be deemed delivered to the party receiving such
communication at the address specified below (1)
on the delivery date if delivered personally to
the party, or a representative of the party; (2)
one business day after deposit with a commercial
overnight carrier, with written verification of
receipt; (3) five business days after the mailing
date, whether or not received, if sent by postal
mail, return receipt requested; (4) on the delivery
date if transmitted by confirmed facsimile.
If to WebspaceGurus.com:
Webspace Gurus
P.O.Box 300726
Brooklyn, NY 11230
USA
If to Client:
Name and address provided for account setup.
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If any of the provisions,
or portions thereof, of this Agreement are found
to be invalid under any applicable statute or
rule of law, then, that provision notwithstanding,
this Agreement shall remain in full force and
effect and such provision or portion thereof shall
be deemed omitted. This Agreement (including the
Exhibits, attachments and/or addenda, if any,)
represents the entire agreement of the parties
with respect of the subject matter hereof and
supersedes all prior and/or contemporaneous agreements
or understandings, written or oral between the
parties with respect to the subject matter hereof.
This Agreement and the rights granted and obligations
undertaken hereunder may not be transferred, assigned
or delegated in any manner by Client, but may
be so transferred, assigned or delegated by WebspaceGurus.com.
Any waiver or any provision of this Agreement,
or a delay by any party in the enforcement of
any right hereunder, shall neither be construed
as a continuing waiver nor create an expectation
of non-enforcement of that or any other provision
or right. In any legal proceeding between the
parties under this Agreement, the prevailing party
shall be entitled to recover its costs, expenses
and reasonable attorneys' fees. This Agreement
is made under and shall be governed by the laws
of the United States of America, except with regard
to it’s conflict of law rules. This Agreement
and WebspaceGurus.com’s policies are subject to
change by WebspaceGurus.com without notice. Continued
usage of the Services after a change to this Agreement
by WebspaceGurus.com or after a new policy is
implemented and posted on the WebspaceGurus.com
Site constitutes your acceptance of such change
or policy. We encourage you to regularly check
the WebspaceGurus.com Site for any changes or
additions.
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