Terms of Service (the “Agreement”) are an agreement between OurWebhost.company,
LLC ("OurWebhost" or “us” or “our”) and you
(“User” or “you” or “your”). This Agreement sets forth the general terms and
conditions of your use of the products and services made available by OurWebhost and of the OurWebhost.company
website (collectively, the “Services”). By using the Services, you agree to be
bound by this Agreement. If you do not agree to abide by the terms of this
Agreement, you are not authorized to use or access the Services.
- Additional Policies and
- Use of the Services is also
governed by the following policies, which are incorporated by reference.
By using the Services, you also agree to the terms of the following
- Additional terms may also
apply to certain Services, and are incorporated by reference herein as
applicable. For example, if you register a domain name with us, then the
Domain Registration Agreement will also apply to you and would be
- Account Eligibility
- By registering for or using
the Services, you represent and warrant that:
are eighteen (18) years of age or older. The Services are intended
solely for Users who are eighteen (18) years of age or older. Any
registration, use of or access to the Services, by anyone under eighteen
(18) is unauthorized and is a violation of this Agreement.
you use the Services on behalf of another party you agree that you are
authorized to bind such other party to this Agreement and to act on such
other party’s behalf with respect to any actions you take in connection
with the Services.
- It is your responsibility
to provide accurate, current, and complete information on the
registration forms, including an email address that is different from the
domain you are signing up under. If there is ever an abuse issue or we
need to contact you, we will use the primary email address we have on
file. It is your responsibility to ensure that the contact information
for your account, including any domain accounts is accurate, correct and
complete at all times. OurWebhost is not
responsible for any lapse in the Services, including without limitation,
any lapsed domain registrations due to outdated contact information being
associated with the domain. If you need to verify or change your contact
information, please contact our sales team via email or update your
contact information through the OurWebhost
Billing and Support System. Providing false contact information of any
kind may result in the termination of your account. In dedicated server
purchases or certain other cases, you may be required to provide
government issued identification and possibly a scan of the credit card
used for verification purposes. Failure to provide the information
requested may result in your order being denied.
- You agree to be fully
responsible for all use of your account and for any actions that take
place through your account. It is your responsibility to maintain the
confidentiality of your password and other information related to the
security of your account.
- Any dedicated IP order in
addition to those provided with a hosting package may be subject to IP
justification. IP justification practices are subject to change to remain
in compliance with the policies of the American Registry for Internet
Numbers (ARIN). We reserve the right to deny any dedicated IP request
based on insufficient justification or current IP utilization.
Our Transfers Team will make every effort to help you move your website to
us. Transfers are provided as a courtesy service. We do not make any
guarantees regarding the availability, possibility, or time required to
complete an account transfer. Each hosting company is configured
differently, and some hosting platforms save data in an incompatible or
proprietary format, which may make it extremely difficult, if not
impossible, to migrate some or all account data. In some cases we may not
be able to assist you in a transfer of data from an old host. Please
contact a member of our Transfers department to receive a price quote. In
no event shall OurWebhost be held liable for any
lost or missing data or files resulting from a transfer to or from OurWebhost. You are solely responsible for backing
up your data in all circumstances.
- OurWebhost Content
Except for User Content (as defined below), all content available through
the Services, including designs, text, graphics, images, video,
information, software, audio and other files, and their selection and
arrangement, and all software used to provide the Services (collectively,
"OurWebhost Content"), are the
proprietary property of OurWebhost or OurWebhost’s licensors. OurWebhost
Content may not be modified, copied, distributed, framed, reproduced,
republished, downloaded, scraped, displayed, posted, transmitted, sold or
exploited for any purpose in any form or by any means, in whole or in
part, other than as expressly permitted in this Agreement. You may not,
directly or indirectly, reverse engineer, decompile, disassemble or
otherwise attempt to derive source code or other trade secrets from any OurWebhost Content. Any use of OurWebhost
Content, other than as specifically authorized herein, is prohibited and
will automatically terminate your rights to use the Services and any OurWebhost Content. All rights to use OurWebhost Content that are not expressly granted in
this Agreement are reserved by OurWebhost and OurWebhost’s licensors.
- User Content
- You may be able to upload,
store, publish, display and distribute information, text, photos, videos
and other content on or through the Services (collectively, “User
Content”). User Content includes any content posted by you or by users of
any of your websites hosted through the Services (“User Websites”). You
are solely responsible for any and all User Content and any transactions
or other activities conducted on or through User Websites. By posting or
distributing User Content on or through the Services, you represent and
warrant to OurWebhost that (i)
you have all the necessary rights to post or distribute such User
Content, and (ii) your posting or distribution of such User Content does
not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you
hereby grant to OurWebhost a non-exclusive,
royalty-free, worldwide right and license to: (i)
use, reproduce, publicly perform, publicly display, modify, translate, excerpt
(in whole or in part), publish and distribute User Content; and (ii) make
archival or back-up copies of User Content and User Websites. Except for the
rights expressly granted herein, OurWebhost does not
acquire any right, title or interest in or to the User Content, all of which
shall remain solely with you.
- OurWebhost exercises no control over,
and accepts no responsibility for, User Content or the content of any
information passing through OurWebhost's
computers, network hubs and points of presence or the Internet. OurWebhost does not monitor User Content. However,
you acknowledge and agree that OurWebhost may,
but is not obligated to, immediately take any corrective action in OurWebhost’s sole discretion, including without
limitation removal of all or a portion of the User Content or User
Websites, and suspend or terminate any and all Services without refund if
you violate the terms of this Agreement. You hereby agree that OurWebhost shall have no liability due to any
corrective action that OurWebhost may take.
- Third Party Products and
- Third Party Providers
OurWebhost may offer certain third party
products and services. Such products and services may be subject to the
terms and conditions of the third party provider. Discounts, promotions
and special third party offers may be subject to additional restrictions
and limitations by the third party provider. You should confirm the terms
of any purchase and the use of goods or services with the specific third
party provider with whom you are dealing.
OurWebhost does not make any
representations or warranties regarding, and is not liable for, the quality,
availability, or timeliness of goods or services provided by a third party
provider. You undertake all transactions with these third party providers at
your own risk. We do not warrant the accuracy or completeness of any
information regarding third party providers. OurWebhost
is not an agent, representative, trustee or fiduciary of you or the third party
provider in any transaction.
- OurWebhost as Reseller or Licensor
OurWebhost may act as a reseller or licensor of
certain third party services, hardware, software and equipment used in
connection with the Services ("Non-OurWebhost
Products"). OurWebhost shall not be
responsible for any changes in the Services that cause any Non-OurWebhost Products to become obsolete, require
modification or alteration, or otherwise affect the performance of the
Services. Any malfunction or manufacturer's defects of Non-OurWebhost Products, either sold, licensed or
provided by OurWebhost to you will not be
deemed a breach of OurWebhost's obligations
under this Agreement. Any rights or remedies you may have regarding the
ownership, licensing, performance or compliance of any Non-OurWebhost Product are limited to those rights
extended to you by the manufacturer of such Non-OurWebhost
Product. You are entitled to use any Non-OurWebhost
Product supplied by OurWebhost only in
connection with your use of the Services as permitted under this
Agreement. You shall make no attempt to copy, alter, reverse engineer, or
tamper with such Non-OurWebhost Product or to
use it other than in connection with the Services. You shall not resell,
transfer, export or re-export any Non-OurWebhost
Product, or any technical data derived therefrom,
in violation of any applicable law, rules or regulations.
- Third Party Websites
The Services may contain links to other websites that are not owned or
controlled by OurWebhost ("Third Party Sites"),
as well as articles, photographs, text, graphics, pictures, designs,
sound, video, information, and other content or items belonging to or
originating from third parties ("Third Party Content"). We are
not responsible for any Third Party Sites or Third Party Content accessed
through the Services. Third Party Sites and Third Party Content are not
investigated, monitored or checked for accuracy, appropriateness, or
completeness by us. If you decide to access Third Party Sites or to
access or use any Third Party Content, you do so at your own risk and you
should be aware that our terms and policies no longer govern. You should
review the applicable third party’s terms and policies, including privacy
and data gathering practices of any website to which you navigate.
- Prohibited Persons
(Countries, Entities, And Individuals).
The U.S. Department of the Treasury, through the Office of Foreign Assets
Control (“OFAC”), prohibits U.S. companies from engaging in all or certain
commercial activities with certain sanctioned countries (each a
“Sanctioned Country”) and certain individuals, organizations or entities,
including without limitation, certain “Specially Designated
Nationals” (“SDN”) listed by OFAC. If you are located in a
Sanctioned Country or are listed as an SDN, you are prohibited from
registering or signing up with, subscribing to, or using the
Services. Unless otherwise provided with explicit permission, OurWebhost also does not register, and prohibits the
use of any of our Services in connection with, any Country-Code Top Level
Domain Name (“ccTLD”) for any Sanctioned
- Account Security and OurWebhost Systems.
- It is your responsibility
to ensure that scripts/programs installed under your account are secure
and permissions of directories are set properly, regardless of the
installation method. When at all possible, set permissions on most
directories to 755 or as restrictive as possible. Users are ultimately
responsible for all actions taken under their account. This includes the
compromise of credentials such as user name and password. You are
required to use a secure password. If a weak password is used, your
account may be suspended until you agree to use a more secure password.
Audits may be done to prevent weak passwords from being used. If an audit
is performed, and your password is found to be weak, we will notify you
and allow time for you to change or update your password before
suspending your account.
- The Services, including all
related equipment, networks and network devices are provided only for
authorized customer use. OurWebhost may, but is
not obligated to, monitor our systems, including without limitation, to
ensure that use is authorized, to facilitate protection against
unauthorized access, and to verify security procedures, survivability,
and operational security. During monitoring, information may be examined,
recorded, copied and used for authorized purposes. By using the Services,
you consent to monitoring for these purposes.
- Any account found
connecting to a third party network or system without authorization from
the third party is subject to suspension. Access to networks or systems
outside of your direct control requires the express written consent of
the third party. OurWebhost may, at our
discretion, request documentation to prove that your access to a third
party network or system is authorized.
- Any account that is found
to be compromised may be disabled and/or terminated. If you do not clean
up your account after being notified by OurWebhost
of an ongoing issue, we reserve the right to keep your account disabled.
Upon your request, OurWebhost may clean-up your
account for an additional fee.
- OurWebhost reserves the right to
migrate your account from one data center to another in order to comply
with applicable data center policies, local law or for technical or other
reasons without notice.
- HIPAA Disclaimer. We are not "HIPAA
You are solely responsible for any applicable compliance with federal or
state laws governing the privacy and security of personal data, including
medical or other sensitive data. You acknowledge that the Services may not
be appropriate for the storage or control of access to sensitive data,
such as information about children or medical or health information. OurWebhost does not control or monitor the information
or data you store on, or transmit through, the Services. We specifically
disclaim any representation or warranty that the Services, as offered,
comply with the federal Health Insurance Portability and Accountability
Act (“HIPAA”). Customers requiring secure storage of “protected health
information” as defined under HIPAA are expressly prohibited from using
the Services for such purposes. Storing and permitting access to
“protected health information” is a material violation of this Agreement,
and grounds for immediate account termination. We do not sign “Business
Associate Agreements” and you agree that OurWebhost
is not a Business Associate or subcontractor or agent of yours pursuant to
HIPAA. If you have questions about the security of your data, you should
- Compatibility with the
- You agree to cooperate
fully with OurWebhost in connection with OurWebhost's provision of the Services. It is solely
your responsibility to provide any equipment or software that may be
necessary for your use of the Services. To the extent that the
performance of any of our obligations under this Agreement may depend
upon your performance of your obligations, OurWebhost
is not responsible for any delays due to your failure to timely perform
- You are solely responsible
for ensuring that all User Content and User Websites are compatible with
the hardware and software used by OurWebhost to
provide the Services, which may be changed by OurWebhost
from time to time in our sole discretion.
- You are solely responsible
for backing-up all User Content, including but not limited to, any User
Websites. OurWebhost does not warrant that we
back-up any User Content, and you agree to accept the risk of loss of any
and all User Content.
- Billing and Payment
It is your responsibility to ensure that your payment information is up
to date, and that all invoices are paid on time. You agree to pay for the
Services in advance of the time period during which such Services are
provided. Subject to applicable laws, rules, and regulations, payments
received will be first applied to the oldest outstanding invoice in your
Unless otherwise provided, you agree that until and unless you notify OurWebhost of your desire to cancel the Services, you
will be billed on an automatically recurring basis to prevent any
disruption to your Services, using your credit card or other billing
information on file with us.
Listed fees for the Services do not include any applicable sales, use,
revenue, excise or other taxes imposed by any taxing authority. Any
applicable taxes will be added to OurWebhost's
invoice as a separate charge to be paid by you. All fees are
non-refundable when paid unless otherwise stated.
- Late Payment.
All invoices must be paid within ten (10) days of the invoice due date.
Any invoice that is outstanding for more than ten (10) days may result in
the suspension or termination of Services. Access to the account will not
be restored until payment has been received. If you fail to pay the fees
as specified herein, OurWebhost may suspend or
terminate your account and pursue the collection costs incurred by OurWebhost, including without limitation, any
arbitration and legal fees, and reasonable attorneys' fees. OurWebhost will not activate new orders or activate
new packages for customers who have an outstanding balance on their
Dedicated servers are subject to being reclaimed and all content
deleted if you fail to make a timely payment. If you make a late payment
we do not automatically reactivate the dedicated servers. Contact OurWebhost directly after you make a late payment to
reactivate the dedicated server.
- Domain Payments.
It is solely your responsibility to notify OurWebhost’s
Billing department via a support ticket created
from http://support.ourWebhost.company after
purchasing a domain. Domain renewal notices are provided as a courtesy
reminder and OurWebhost is not responsible for
a failure to renew a domain or a failure to notify a customer about a
domain's renewal. Domain renewals are billed and renewed thirty (30) days
before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use
credit cards, charge cards, electronic funds transfers, electronic
checks, or any other payment method. OurWebhost
may report any such misuse or fraudulent use, as determined in OurWebhost’s sole discretion, to governmental and law
enforcement authorities, credit reporting services, financial
institutions and/or credit card companies.
- Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by OurWebhost. If you have any questions concerning a
charge on your account, please reach out to our billing department for
- Money-back Guarantee
- Dedicated Servers.
There are no refunds on dedicated servers. The forty-five (45) day
money- back guarantee does not apply to dedicated servers.
- Managed shared, VPS and
OurWebhost offers a forty-five (45) day money-
back guarantee for OurWebhost's managed shared, VPS, and reseller hosting services only.
Subject to the terms described in Section 13 below, if you are not
completely satisfied with these hosting services and you terminate your
account within forty-five (45) days of signing up for the Services, you will
be given a full refund of the amount paid for hosting. This money-back
guarantee only applies to fees paid for hosting services and does not
apply to administrative fees, install fees for custom software or other
setup fees, or to any fees for any other additional services.
- Cancellations and Refunds
- Payment Method.
No refunds will be provided if you use any of the following methods of
payment: bank wire transfers, Western Union payments, checks and money
orders. If you use any of these payment methods, any applicable credit
will be posted to your hosting account instead of a refund.
- Money-back Guarantee.
If an account with a forty-five (45) day money-back guarantee is
purchased and then cancelled within the first forty-five (45) days of the
beginning of the term (the “Money-Back Guarantee Period”), you will, upon
your written request to the OurWebhost Support
Team (the “Refund Request”) within ninety (90) days of such termination
or cancellation (“Notice Period”), receive a full refund of all basic shared,
VPS and reseller hosting fees previously paid by you to OurWebhost for the initial term (“Money-Back
Guarantee Refund”); provided that such Money-Back Guarantee Refund shall
be due to you only upon your compliance with, and subject in all respects
to the terms and conditions of, this Section 13. Requests for these
refunds must be made in writing to the OurWebhost
Support Team. Refunds will only be issued for basic shared, VPS and
reseller hosting services and will not include administrative fees, install
fees for custom software or other setup fees, nor will they include any
fees for any other additional services. Money Back Guarantee Refunds will
not accrue, and shall not be paid under any circumstances, if you do not
provide the applicable Refund Request within the Notice Period.
- Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if
you've had an account with us before, canceled and signed up again, or if
you have opened a second account with us, you will not be eligible for a
refund. Violations of this Agreement will waive your rights under the
- Non-refundable Products and
There are no refunds on dedicated servers, administrative fees, and
install fees for custom software. Please note that domain refunds will
only be considered if the domain was ordered in conjunction with a
hosting package and will be issued at OurWebhost’s
sole discretion. Any refunds issued for domain names will be reduced by
the market value of the gTLD. Purchases of ccTLDs are non-refundable.
- Cancellation Process.
You may terminate or cancel the Services by giving OurWebhost
written notice via the cancellation
form provided. In such event: (i) you shall be
obligated to pay all fees and charges accrued prior to the effectiveness
of such cancellation and (ii) OurWebhost may,
in our sole discretion, refund all pre-paid fees for basic hosting
services for the full months remaining after the effectiveness of such
cancellation (i.e. no partial month fees shall be refunded) less any
setup fees, applicable taxes and any discount applied for prepayment,
provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have
confirmed all necessary information with you via email, we will inform you in
writing (typically email) that your account has been canceled. Your
cancellation confirmation will contain a ticket/tracking number in the subject
line for your reference and for verification purposes. You should immediately
receive an automatic email with a tracking number stating that "Your
request has been received...." OurWebhost will
confirm your request and process your cancellation shortly thereafter. If you
do not hear back from us, or do not receive the automatic confirmation email
within a few minutes after submitting your cancellation form, please contact us
phone. We require all cancellations to
be done through the online form in order to (a) confirm your identity, (b)
confirm in writing that you are prepared for all of your files and emails to be
removed, and (c) document the request. This process aims to reduce the
likelihood of mistakes, fraudulent/malicious requests, and to ensure that you
are aware that your files, emails, and account may be removed immediately and
permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will
be effective on the account’s renewal date. Cancellations for dedicated and VPS
accounts will be effective immediately.
Domain renewals are billed and renewed thirty (30) days before the
renewal date. It is your responsibility to notify OurWebhost’s
Billing department via a support ticket created
from http://support.ourWebhost.company to
cancel any domain registration at least thirty (30) days prior to the
renewal date. No refunds will be given once a domain is renewed. All
domain registrations and renewals are final.
- Foreign Currencies.
Exchange rate fluctuations for international payments are constant and
unavoidable. All refunds are processed in U.S. dollars and will reflect
the exchange rate in effect on the date of the refund. All refunds are
subject to this fluctuation and OurWebhost is
not responsible for any change in exchange rates between the time of
payment and the time of refund.
OurWebhost may terminate your access to the
Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate
this Agreement; (iii) your conduct may harm OurWebhost
or others or cause OurWebhost or others to
incur liability, as determined by OurWebhost in
our sole discretion; or (iv) as otherwise specified in this Agreement. In
such event, OurWebhost shall not refund to you
any fees paid in advance of such termination, and you shall be obligated
to pay all fees and charges accrued prior to the effectiveness of such
termination. Additionally, OurWebhost may
charge you for all fees due for the Services for the remaining portion of
the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER
WEBSITES, AND OTHER DATA WILL BE DELETED.
- CPU, Bandwidth and Disk
- Permitted CPU and Disk
All use of hosting space provided by OurWebhost
is subject to the terms of this Agreement and the Acceptable Use Policy.
hosting space may only be used for web files, active email and content
of User Websites. Shared hosting space may not be used for storage
(whether of media, emails, or other data), including, as offsite storage
of electronic files, email or FTP hosts. OurWebhost
expressly reserves the right to review every shared account for
excessive usage of CPU, disk space and other resources that may be
caused by a violation of this Agreement or the Acceptable Use Policy. OurWebhost may, in our sole discretion, terminate
access to the Services, apply additional fees, or remove or delete User
Content for those accounts that are found to be in violation of OurWebhost’s terms and conditions.
and VPS usage is limited by the resources allocated to the specific plan
that you have purchased.
- Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited
bandwidth usage is not available for resellers, dedicated or VPS servers,
which are subject to the terms of the plan you purchased and can be
viewed in your control panel.
- Uptime Guarantee.
If your shared or reseller server has a physical
downtime that falls short of the 99.9% uptime guarantee, you may receive
one (1) month of credit on your account. This uptime guarantee does not
apply to planned maintenance. Approval of any credit is at the sole
discretion of OurWebhost and may be dependent
upon the justification provided. Third party monitoring service reports
may not be used for justification due to a variety of factors including
the monitor's network capacity/transit availability. The uptime of the
server is defined as the reported uptime from the operating system and the
Apache Web Server which may differ from the uptime reported by other
individual services. To request a credit, please visit http://support.ourWebhost.company to create
a support ticket to our Billing department with justification [within
thirty (30) days of the end of the month for which you are requesting a
credit]. Uptime guarantees only apply to shared
and reseller solutions. Dedicated servers are covered by a network
guarantee in which the credit is prorated for the amount of time the
server is down which is not related to our uptime guarantee.
- Reseller Terms and Client
- Resellers shall ensure that
each of their clients complies with this Agreement.
- Resellers are responsible
for supporting their clients. OurWebhost does
not provide support to clients of OurWebhost’s
resellers. If a reseller’s client contacts OurWebhost,
OurWebhost reserves the right to place a
reseller client account on hold until the reseller can assume
responsibility for the reseller’s client. All support requests must be
made by the reseller on its client's behalf for security purposes.
- Resellers are also
responsible for all content stored or transmitted under their reseller
account and the actions of their clients. OurWebhost
will hold any reseller responsible for any of their client’s actions that
violate the law or this Agreement.
- OurWebhost is not responsible for the
acts or omissions of our resellers. The reseller hereby agrees to
indemnify OurWebhost from and against any and
all claims made by any User arising from the reseller's acts or
- OurWebhost reserves the right to
revise our Reseller Program at any time. Changes shall take effect when
posted online or on any subsequent date as may be set forth by OurWebhost.
- Resellers in the OurWebhost Reseller Program assume all responsibility
for billing and technical support for each of the Users signed up by the
- Shared (non-reseller
Shared accounts may not be used to resell web hosting to others. If you
wish to resell hosting you must use a reseller account.
- Dedicated Servers
OurWebhost reserves the right to reset the
password on a dedicated server if the password on file is not current so
that we may do security audits as required by our datacenter. It is your
responsibility to ensure that there is a valid email address and current
root password on file for your dedicated server to prevent downtime from
forced password resets. OurWebhost reserves the
right to audit servers as needed and to perform administrative actions at
the request of our datacenter. Dedicated servers are NOT backed up by us.
It is your responsibility to maintain backups. Dedicated servers that have
invoices outstanding for more than ten (10) days may be subject to
deletion which will result in the loss of all data on the server. OurWebhost will not be liable for any loss of data
resulting from such deletion.
- Price Change
OurWebhost reserves the right to change prices,
the monthly payment amount, or any other charges at any time. We will
provide you with at least thirty (30) days’ notice before charging you
with any price change. It is your sole responsibility to periodically
review billing information provided by OurWebhost
through the user billing tool or through other methods of communication,
including notices sent or posted by OurWebhost.
Discounts and coupon codes are reserved for first-time accounts or
first-time customers only and may not be used towards the purchase of a
domain registration unless otherwise specified. If you have previously
signed up using a particular domain, you may not sign up again for that
domain using another coupon at a later date. Any account found in
violation of these policies will be reviewed by our Sales department and
the appropriate charges will be added to the account. Coupon abuse will
not be tolerated and may result in the suspension or termination of your
account. All coupons and discounts are only valid towards the initial
purchase and do not affect the renewal or recurring price.
- Limitation of Liability
IN NO EVENT WILL OURWEBHOST ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR
LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER
WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES,
EVEN IF OURWEBHOST IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OURWEBHOST'S
LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE
WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE
AMOUNT PAID, IF ANY, BY YOU TO OURWEBHOST FOR THE SERVICES IN THE THREE
(3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS
AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL
NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless OurWebhost,
our affiliates, and their respective officers, directors, employees and
agents (each an "Indemnified Party" and, collectively, the
"Indemnified Parties") from and against any and all claims,
damages, losses, liabilities, suits, actions, demands, proceedings
(whether legal or administrative), and expenses (including, but not
limited to, reasonable attorney's fees) threatened, asserted, or filed by
a third party against any of the Indemnified Parties arising out of or
relating to (i) your use of the Services, (ii)
any breach or violation by you of this Agreement; or (iii) any acts or
omissions by you. The terms of this section shall survive any termination
of this Agreement.
By using the Services, you hereby submit to the exclusive jurisdiction of
the American Arbitration Association (“AAA”) in connection with any
dispute relating to, concerning or arising out of this Agreement. The
arbitration will be conducted before a single arbitrator chosen by OurWebhost and will be held at the AAA location chosen
by OurWebhost. Payment of all filing,
administrative and arbitrator fees will be governed by the AAA’s rules,
unless otherwise stated in this paragraph. In the event you are able to
demonstrate that the costs of arbitration will be prohibitive as compared
to the costs of litigation, OurWebhost will pay
as much of your filing, administrative, and arbitrator fees in connection
with the arbitration as the arbitrator deems necessary to prevent the
arbitration from being cost-prohibitive. The arbitration before the AAA
shall proceed solely on an individual basis without the right for any
claims to be arbitrated on a class action basis or on bases involving claims
brought in a purported representative capacity on behalf of others. The
Federal Arbitration Act, and not any state arbitration law, governs all
arbitration under this paragraph. All decisions rendered by the arbitrator
will be binding and final. The arbitrator's award is final and binding on
all parties. The arbitrator’s authority to resolve and make written awards
is limited to claims between you and OurWebhost
alone. Claims may not be joined or consolidated unless agreed to in
writing by all parties. No arbitration award or decision will have any
preclusive effect as to issues or claims in any dispute with anyone who is
not a named party to the arbitration. If you initiate litigation or any
other proceeding against OurWebhost in violation
of this paragraph, you agree to pay OurWebhost’s
reasonable costs and attorneys’ fees incurred in connection with our
enforcement of this paragraph.
- Independent Contractor
OurWebhost and User are independent contractors
and nothing contained in this Agreement places OurWebhost
and User in the relationship of principal and agent, partners 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, or
to obligate or bind the other party in any manner whatsoever.
- Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the
formation of this Agreement or the breach of this Agreement, including any
claim based upon an alleged tort, shall be governed by the substantive
laws of the State of Nevada. The United Nations Convention on Contracts
for the International Sale of Goods does not apply to this Agreement.
OurWebhost shall not be responsible for any
damages your business may suffer. OurWebhost
makes no warranties of any kind, expressed or implied for the Services. OurWebhost disclaims any warranty of merchantability
or fitness for a particular purpose, including loss of data resulting from
delays, delivery failures, wrong deliveries, and any and all service
interruptions caused by OurWebhost or our
- Backups and Data Loss
Your use of the Services is at your sole risk. OurWebhost’s
backup service runs once a week and overwrites any of our previous
backups. Only one week of backups are kept at a time. This service is
provided only to shared and reseller accounts as
a courtesy and may be modified or terminated at any time at OurWebhost’s sole discretion. OurWebhost
does not maintain backups of dedicated accounts. OurWebhost
is not responsible for files and/or data residing on your account. You
agree to take full responsibility for all files and data transferred and
to maintain all appropriate backup of files and data stored on OurWebhost’s servers.
Any shared account using more than 20 gigs of disk
space will be removed from our off site weekly backup with the exception of
databases continuing to be backed up. All data will continue to be mirrored to
a secondary drive to help protect against data loss in the event of a drive
- Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, OURWEBHOST
AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM
ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. OURWEBHOST AND OUR
AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO
REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED,
ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. OURWEBHOST AND
OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE,
AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA
TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE
SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS
- Disclosure to Law
OurWebhost may disclose User information to law
enforcement agencies without further consent or notification to the User
upon lawful request from such agencies. We cooperate fully with law
- Entire Agreement.
This Agreement, including documents incorporated herein by reference,
supersedes all prior discussions, negotiations and agreements between the
parties with respect to the subject matter hereof, and this Agreement
constitutes the sole and entire agreement between the parties with respect
to the matters covered hereby.
The headings herein are for convenience only and are not part of this
- Changes to the Agreement or
- OurWebhost may modify, add, or delete
portions of this Agreement at any time. If we have made significant changes
to this Agreement, we will post a notice on the OurWebhost
website for at least thirty (30) days after the changes are posted and
will indicate at the bottom of this Agreement the date of the last
revision. Any revisions to this Agreement will become effective when
posted unless otherwise provided. You agree to any modification to this
Agreement by continuing to use the Services after the effective date of
any such modification.
- OurWebhost reserves the right to
modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to
be illegal, invalid or unenforceable by a court of competent jurisdiction,
the remaining provisions or portions (unless otherwise specified) thereof
shall remain in full force and effect.
No failure or delay by you or OurWebhost to
exercise any right or remedy hereunder shall operate as a waiver thereof,
nor shall any single or partial exercise of any right or remedy preclude
any other or further exercise of any right or remedy. No express waiver
of, or assent to, any breach of or default in any term or condition of
this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the
same or any other term or condition hereof.
- Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or
obligations hereunder, without the prior written consent of OurWebhost. Any attempted assignment in violation of
this Agreement shall be null and void and of no force or effect
whatsoever. OurWebhost may assign our rights and
obligations under this Agreement, and may engage subcontractors or agents
in performing our duties and exercising our rights hereunder, without the
consent of User. This Agreement shall be binding upon and shall inure to
the benefit of the parties hereto and their respective successors and
- Force Majeure
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, 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.
- Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this
Agreement is intended, nor shall anything herein be construed to confer
any rights in any person other than the parties hereto and their
respective successors and permitted assigns. Notwithstanding the
foregoing, user acknowledges and agrees that any supplier of a third-party
product or service that is identified as a third-party beneficiary in the
service description, is an intended third-party beneficiary of the
provisions set forth in this Agreement as they relate specifically to its
products or services and shall have the right to enforce directly the terms
and conditions of this Agreement with respect to its products or services
against user as if it were a party to this Agreement.