Terms and Conditions
Indemnification PolicyThese Terms of Service (the “Agreement”) are an agreement between WebHosting2K.com, LLC (“WebHosting2K” or “us” or “our” or “we”) 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 WebHosting2K and of the WebHosting2K.com 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 AgreementsUse 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 policies.
Limitation of LiabilityIN NO EVENT WILL WebHosting2K ITS MEMBERS, 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 WebHosting2K IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WebHosting2K’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 WebHosting2K 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.
IndemnificationYou agree to indemnify, defend and hold harmless WebHosting2K, 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 (1) your use of the Services, (2) any breach or violation by you of this Agreement; or (3) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
DisclaimerWebHosting2K shall not be responsible for any damages your business may suffer. WebHosting2K makes no warranties of any kind, expressed or implied for the Services. WebHosting2K 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 WebHosting2K or our employees.
Limited WarrantyEXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, WebHosting2K MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR THE SERVICES BEING OFFERED. THE SERVICE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
HIPAA DisclaimerYou 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. WebHosting2K 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 WebHosting2K 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 contact support@WebHosting2K.com.
Account EligibilityBy registering for or using the Services, you represent and warrant that:
You 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. If you use the Services on behalf of another party or entity you agree that you are authorized to bind such other party or entity to this Agreement and to act on such other party or entity’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 our online registration and signup forms. It is your continuing responsibility to ensure that the contact information for your account, including any domain accounts, is accurate at all times. WebHosting2K 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 e-mail or update your contact information through the WebHosting2K Account Management System. Providing false contact information of any kind may result in the termination of your account. As a part of our routine fraud screening procedures, 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 will 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.
Account Transfer from Previous ProviderOur support team will make every effort to help you move your website to us. Account 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. The free transfer service is available for fourteen (14) days from your sign up date. Account transfers outside of the fourteen (14) day period will incur a charge; please contact a member of our support department to receive a price quote. In no event shall WebHosting2K be held liable for any lost or missing data or files resulting from a transfer to or from WebHosting2K. You are solely responsible for backing up your data in all circumstances.
WebHosting2K ContentExcept for User Content, 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, “WebHosting2K Content”), are the proprietary property of WebHosting2K or WebHosting2K’s licensors. WebHosting2K 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 WebHosting2K Content. Any use of WebHosting2K Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any WebHosting2K Content. All rights to use WebHosting2K Content that are not expressly granted in this Agreement are reserved by WebHosting2K and WebHosting2K’s licensors.
User ContentClient agrees that web pages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of WebHosting2K or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to WebHosting2K or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited email, newsgroup spamming, child porn or links to such sites, copyrighted MP3, illegal content, copyright infringement, trademark infringement, warez, cracks and software serial numbers. Any site with adult-oriented content, including but not limited to any pornographic material, is not allowed on our shared and reseller hosting platform. WebHosting2K will be the sole and final arbiter as to what constitutes a violation of this policy. WebHosting2K does not normally monitor the contents of client’s servers; however, if suspicion occurs, WebHosting2K reserves the right to investigate and terminate the client’s subscription to the service.
Third Party Products and ServicesThird Party Providers
WebHosting2K 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. WebHosting2K 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. WebHosting2K is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
WebHosting2K as Reseller or LicensorWebHosting2K may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-WebHosting2K Products”). WebHosting2K shall not be responsible for any changes in the Services that cause any Non-WebHosting2K Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-WebHosting2K Products, either sold, licensed or provided by WebHosting2K to you will not be deemed a breach of WebHosting2K’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-WebHosting2K Product are limited to those rights extended to you by the manufacturer of such Non-WebHosting2K Product. You are entitled to use any Non-WebHosting2K Product supplied by WebHosting2K 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-WebHosting2K Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-WebHosting2K 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 WebHosting2K (“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, WebHosting2K 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 Country.
Account Security and WebHosting2K SystemsIt 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. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. You are required to use a secure password. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. WebHosting2K 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. WebHosting2K 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 WebHosting2K of an ongoing abuse issue, we reserve the right to keep your account disabled. Upon your request, WebHosting2K may clean up your account for an additional fee. WebHosting2K 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.
Compatibility with the ServicesYou agree to cooperate fully with WebHosting2K in connection with WebHosting2K’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, WebHosting2K is not responsible for any delays due to your failure to timely perform your obligations. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by WebHosting2K to provide the Services, which may be changed by WebHosting2K 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. WebHosting2K 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 InformationPrepayment
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 billing account.
Unless otherwise provided, you agree that until and unless you notify WebHosting2K of your desire to cancel the Services, prior to the renewal date of 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.
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 and may be subject to a 10% (ten percent) late fee. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, WebHosting2K may suspend or terminate your account and pursue the collection costs incurred by WebHosting2K, including without limitation, any arbitration and legal fees, collection agency fees, and reasonable attorneys’ fees. WebHosting2K will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
There are no re-connection fees for shared and reseller hosting services or VPS. If a dedicated server is disconnected due to a late payment, there is a two-hundred dollar ($200) re-connection fee that must be paid before the server will be reconnected.
Domain renewal notices are provided as a courtesy reminder and WebHosting2K is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Invoices for domain renewals are sent out seven (7) days before the renew date. It is your responsibility to pay the invoice timely to ensure that the domain is renewed.
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. WebHosting2K may report any such misuse or fraudulent use, as determined in WebHosting2K’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have ninety (90) days to dispute any charge or payment processed by WebHosting2K. If you have any questions concerning a charge on your account, contact our billing department directly for assistance.
Money-back GuaranteeDedicated Servers
There are no refunds on dedicated servers, domains, SSL certificates, web design, and all non-hosting related services. The thirty day (45) day money-back guarantee does not apply to dedicated servers, domain names, web design, or SSL certificates. Shared and Reseller Hosting, Virtual Private Servers (VPS)
WebHosting2K offers a thirty day (45) day money- back guarantee for WebHosting2K’s shared and reseller hosting and VPS services. Subject to the terms described in Section 18 below, if you are not completely satisfied (100% Satisfaction Guarantee) with these hosting services and you terminate your account within thirty days (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 domain registrations, administrative fees, installation fees for custom software, any software licensing fees or other setup fees, or to any fees for any other additional services.
Cancellations and RefundsMoney-back Guarantee
If an account with an applicable fourty five (45) day money-back guarantee is purchased and then cancelled within the first fourty five (45) days of the beginning of the term (the “Money-Back Guarantee Period”), you will, upon your written request (the “Refund Request”) to the WebHosting2K Billing department, 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 WebHosting2K 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. Requests for these refunds must be made in writing to the WebHosting2K Billing department. Refunds will only be issued for shared, reseller, and VPS hosting services and will not include domain registrations, administrative fees, install fees for custom software, any software licensing fees 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 EligibilityOnly 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 refund policy.
Non-refundable Products and ServicesThere are no refunds on dedicated servers, domain registrations, administrative fees, software licensing fees, and install fees for custom software.
Cancellation ProcessYou may terminate or cancel the Services by giving WebHosting2K written notice via our cancellation form. In such event: (1) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (2) WebHosting2K may, in our sole discretion, provide an account credit for 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 credited) less any setup fees and any discount applied for prepayment, provided that you are not in breach of this Agreement. Except as otherwise provided for in Section 18.1 of this Agreement, no refund will be issued for any pre-paid fees.
Cancellations for shared hosting, reseller hosting, dedicated and VPS accounts will be effective immediately upon receipt of the cancellation request. It is your responsibility to ensure that you are ready for the immediate termination of your account prior to requesting account cancellation.
DomainsDomain renewals are billed and renewed seven (7) days before the renewal date. It is your responsibility to notify WebHosting2K’s Billing department to cancel any domain registration at least seven (7) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Foreign CurrenciesExchange 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 WebHosting2K is not responsible for any change in exchange rates between the time of payment and the time of refund.
TerminationWebHosting2K may terminate your access to the Services, in whole or in part, without notice in the event that:
you fail to pay any fees due;
you violate this Agreement;
your conduct may harm WebHosting2K or others or cause WebHosting2K or others to incur liability, as determined by WebHosting2K in our sole discretion; or as otherwise specified in this Agreement.
In such event, WebHosting2K 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, WebHosting2K 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 UsagePermitted CPU and Disk Usage
All use of hosting space provided by WebHosting2K is subject to the terms of this Agreement and the Acceptable Use Policy.
Shared 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 off-site storage of electronic files, email or FTP hosts. WebHosting2K 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. WebHosting2K 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 WebHosting2K’s terms and conditions.
Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
Bandwidth UsageShared 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. Backups and Data Loss Your use of the Services is at your sole risk. WebHosting2K’s off-site backup service runs once per day and overwrites any of our previous backups. Only one daily backup is 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 WebHosting2K’s sole discretion. WebHosting2K does not maintain backups of dedicated server accounts. WebHosting2K 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 WebHosting2K’s servers. Any shared or reseller account using more than 20 gigabytes of disk space may be removed from our off-site daily backup, with the exception of databases continuing to be backed up. We may determine that certain file extensions are not suitable for backup and exclude them from the backup. Such file types include, but are not limited to: iso; ace; arj; avi; bak; bin; bz; bz2; cab; car; cbr; ccd; cdr; cue; drw; exe; flv; gz; gzip; img; iso; jar; jmy; lbs; md; mid; midi; mov; mp2; mp3; mp4; mpa; mpeg; mpg; nrg; pae; pak; psb; psd; r00; r01; r02; r03; ram; rar; rm; rmf; sea; sub; tar; tar.gz; tgz; vob; wad; wav; wave; wma; wmv; zip. It is your obligation to verify whether particular files will be backed up.
Uptime GuaranteeShared Hosting and Reseller Hosting
If your shared or reseller server has a physical or network downtime that falls short of the 99.9% uptime guarantee, you are eligible to receive a five (5) percent credit for each half-hour of downtime under 99.9%, of the affected Service, to your account. This uptime guarantee does not apply to planned maintenance.
VPS and Dedicated Servers
If your VPS or dedicated server has a network downtime that falls short of the 99.9% uptime guarantee, you are eligible to receive a five (5) percent credit for each half-hour of downtime under 99.9%, of the affected Service, to your account. This uptime guarantee does not apply to planned maintenance.
To request credit under this Uptime Guarantee, you must contact us in writing within ten (10) days of the end of month in which the downtime occurred. Your request for credit must be sent by e-mail to support@WebHosting2K.com. Approval of any credit is at the sole discretion of WebHosting2K 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.
Reseller Terms and Client Responsibility
Resellers shall ensure that each of their clients complies with this Agreement.
Resellers are responsible for supporting their clients. WebHosting2K does not provide support to clients of WebHosting2K’s resellers. 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. WebHosting2K will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
WebHosting2K is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify WebHosting2K from and against any and all claims made by any User arising from the reseller’s acts or omissions.
WebHosting2K 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 WebHosting2K.
Resellers in the WebHosting2K Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
Reselling Restriction on Shared Hosting (non-reseller accounts) Shared hosting accounts, without the WebHostManager (WHM) add-on activated on the account, may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account, VPS, dedicated server, or purchase the WHM add-on for your shared hosting account.
Price ChangeWebHosting2K 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 WebHosting2K through the user billing tool or through other methods of communication, including notices sent or posted by WebHosting2K.
CouponsDiscounts 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. By default, all coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price unless expressly provided for otherwise in the promotional offer.
ArbitrationBy 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 WebHosting2K and will be held at the AAA location chosen by WebHosting2K in Oklahoma. 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, WebHosting2K 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 WebHosting2K 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 WebHosting2K in violation of this paragraph, you agree to pay WebHosting2K’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.
Governing Law; JurisdictionAny 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 California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Independent ContractorWebHosting2K and User are independent contractors and nothing contained in this Agreement places WebHosting2K 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.
Disclosure to Law EnforcementWebHosting2K 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 enforcement agencies.
Merger (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.
HeadingsThe headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the ServicesWebHosting2K 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 Terms of Service page on the WebHosting2K 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. WebHosting2K reserves the right to modify, change, or discontinue any aspect of the Services at any time.
SeverabilityIf 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.
WaiverNo failure or delay by you or WebHosting2K 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; SuccessorsYou may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of WebHosting2K. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. WebHosting2K 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 permitted assigns.
Force MajeureNeither 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 BeneficiariesExcept 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.
Last Updated: January 25, 2017
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