By submitting the online order form, or by using InsertSiteHere’s service, Customer hereby agrees to InsertSiteHere’s
Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy
(NSP), and Privacy Policy.
Unless otherwise specified, in this TOS, the AUP, the
NSP, and the Privacy Policy, the usage of “us”, “we”,
“our”, and “ours” shall refer to InsertSiteHere,
a California company, and all its parents, subsidiaries, successors,
and assigns. The usage of “you”, “your”, “they”,
and “them” shall refer to the Customer of InsertSiteHere.
Moreover, in this TOS, the AUP, the NSP, and the Privacy
Policy, “InsertSiteHere” shall refer to InsertSiteHere,
a California company, and all its parents, subsidiaries, successors,
and assigns; unless otherwise specified, “InsertSiteHere”
and “ISH” shall have the same meaning and shall be interchangeable.
Customer agrees that it shall comply with this TOS,
InsertSiteHere’s Acceptable Use Policy (AUP), and InsertSiteHere’s
No-Spam Policy (NSP). Customer further agrees that it has read InsertSiteHere’s
Privacy Policy and agrees to all the terms and conditions in the
Privacy Policy. In this document, the word “Agreement,”
with a capital “A,” refers to the TOS, the AUP, the NSP,
and the Privacy Policy collectively.
1. General Terms.
In consideration of hosting services to be delivered, Customer agrees
to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly service
term, for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on
the online order form or via applicable promotional codes that may
require Customer to order InsertSiteHere’s service for a certain
minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees
and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 5-day notice of disconnection.
All payment failures must be cured within 5 business days or account
will be terminated.
1.5. InsertSiteHere is not and shall not responsible for data integrity
for any accounts that are terminated, disconnected, or interrupted
because of Customer’s failure to pay for InsertSiteHere’s
services.
1.6. Customers agree to pay all taxes applicable to your account.
2. Agreement for Services.
2.1. InsertSiteHere will provide, and Customer will purchase and
pay for, the Web hosting services (the “Services”), according
to the service fees specified in the Order for the applicable Service
Description. Customer acknowledges that the service, and service
fees have been communicated to the Customer, and that Customer is
aware of all applicable charges as per the Agreement. Customer also
understands that no promotional offers will apply to their individual
service unless said promotional offers are specified in this Agreement.
3. Payment.
3.1. Establishment and provision of service is contingent upon receipt
of payment from Customer to InsertSiteHere.
3.1.1. Customer must pay in full for the Services before InsertSiteHere
begins to provide the Services to Customer.
3.1.2. Setup fees will be charged and are due at the time of the
Customer’s initial request of the Services requiring setup.
3.2. Payment is due on the defined monthly recurring billing date
of each month. All returned checks will be charged a $20.00 service
fee. Service will be interrupted on accounts that reach 5 days past
due. Accounts that are not collectable by InsertSiteHere will be
turned over to an outside agency for collection. If your account
is turned over for collection, you agree to pay to InsertSiteHere
a “Processing and Collection” Fee of not less than Fifty
($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.
4. Delinquent Accounts.
InsertSiteHere may temporarily deny service or terminate this Agreement
upon failure of Customer to pay charges when due. Such termination
or denial will not relieve Customer of responsibility for the payment
of all accrued service fees, and any collection fees to which InsertSiteHere
may be entitled under this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for
any reason or for no reason, by filling out the “Cancellation
Request Form” which is provided on the InsertSiteHere Web site.
You can find the “Cancellation Request Form” at the following
Web page:
Once a Customer has cancelled their account before
the renewal date, no more charges will be billed to the account.
Cancellations on or after renewal will be charged renewal fees.
Customer can terminate their account for any reason
or for no reason. However, Customer understands and agrees that
InsertSiteHere does not provide pro-rated or any other kinds of
refunds on cancellations. All fees Customer has paid shall be nonrefundable.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION
6, ALL PAYMENTS TO InsertSiteHere ARE NONREFUNDABLE.
All payments to InsertSiteHere are nonrefundable. This
includes any setup fees and monthly fees regardless of usage. All
billing disputes must be reported within thirty (30) days of the
time the dispute occurred. Disputed charges to your credit card
issuer, also known as chargebacks, which, in InsertSiteHere’s
sole discretion, are invalid under the terms and conditions of this
Agreement, will result in service interruption, and reconnection
fees to restore the desired service.
Without waiving any of its other rights under this
Agreement, InsertSiteHere offers to its Customers a 30-day money-back
guarantee on fees for hosting services only (the “30-Day Guarantee”).
If for any reason you cancel your account by filling in the account
cancellation form and submitting it to InsertSiteHere, within thirty
(30) days of the beginning of your service, InsertSiteHere will refund
your money with no questions asked; provided, however, that you
have never previously obtained a refund under the 30-Day Guarantee.
If you have ever previously obtained a refund under the 30-Day Guarantee,
your account will be canceled, but no money will be refunded to
you.
Please note that the amount refunded to you will be
the amount you paid for hosting services only, and will not include
any of the following fees:
Setup fees,
Fees for domain name registrations,
Fees charged for exceeding your allotted disk storage space or bandwidth,
SSL certificate fees,
Web design fees,
Web site marketing fees, and
Any other fees for services involving a third party.
The 30-Day Guarantee is subject to all of the following limitations:
You are entitled to a maximum of one (1) 30-Day Guarantee.
If you do not cancel your account within thirty (30) days of the
beginning of your service, your right to the 30-Day Guarantee shall
expire forever and may not be revived under any circumstances, without
the prior express written approval of InsertSiteHere.
You may not transfer or assign the 30-Day Guarantee to any third
party.
You agree that you will not circumvent the restrictions on the 30-Day
Guarantee described in this document, or attempt to circumvent those
restrictions by any means, including, but not limited to, the following
actions:
Creating multiple accounts, using the same customer name or different
customer names;
Canceling your account for the sole purpose of obtaining
a refund and then registering for a new account;
Organizing multiple business entities or using assumed
business names for the purpose of circumventing these restrictions;
Knowingly providing false or misleading information
when you register for your account; or
Requesting a refund under the 30-Day Guarantee at any
time after you have already received a refund under that guarantee.
If you violate any provision of any of the following policies of
InsertSiteHere, you will not be eligible for the 30-Day Guarantee:
Terms of Service (TOS);
Acceptable Use Policy (AUP); or
No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new
services, removing services, or changing the type of hosting plan
you have do NOT make you eligible for an additional 30-Day Guarantee.
The 30-Day Guarantee applies to your first order of Web hosting
services from InsertSiteHere and does not apply to any changes to
your service at any time.
7. Customer agrees not to engage in any activity that violates any
international, foreign, federal, state, or local laws applicable
to the service terms described in this Agreement.
8. InsertSiteHere reserves the right to discontinue service to any
Customer it deems, in its sole discretion, violates any condition
of service including, but not limited to, the following:
8.1. the Acceptable Use Policy, or
8.2. the No-Spam Policy.
9. Customer agrees to defend, indemnify, and hold harmless InsertSiteHere, and the parents, subsidiaries, successors, assigns, employees
and agents of InsertSiteHere against any losses, claims, damages,
liabilities, penalties, actions, proceedings or judgments (collectively,
“Losses”) to which an indemnified party may become subject
and which Losses arise out of, or relate to this Agreement or Customer’s
use of the Services, and to reimburse an indemnified party for all
legal and other expenses, including reasonable attorneys’ fees
incurred by such indemnified party in connection with investigating,
defending, or settling any Loss whether or not in connection with
pending or threatened litigation in which such indemnified party
is a party.
10. InsertSiteHere SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
10.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS
OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE
OF InsertSiteHere’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES,
REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
10.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES
OR SERVICE INTERRUPTIONS.
11. InsertSiteHere PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. InsertSiteHere DISCLAIMS
ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND
DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION,
USE, AND SUITABILITY OF THE SERVICES AND InsertSiteHere SHALL HAVE
NO LIABILITY THEREFOR.
12. TO THE MAXIMUM EXTENT PERMITTED BY LAW, InsertSiteHere DISCLAIMS,
ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR
IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH,
THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING
ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE,
OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
13. InsertSiteHere DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS,
ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS
ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE
INTERNET.
14.No Waiver of Rights by InsertSiteHere.
Any failure by InsertSiteHere to enforce this Agreement in every instance
in which it might apply does not amount to a waiver of any of InsertSiteHere’s rights.
15. Arbitration.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT
OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION
IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN
ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY
THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
16. Notices.
16.1. From InsertSiteHere to Customer.
InsertSiteHere will notify you by e-mail of any notices that InsertSiteHere is required to provide to you under this Agreement, at the
most current e-mail address you have provided to InsertSiteHere.
By entering this Agreement, you consent to receive notices by e-mail.
You are solely responsible for ensuring that InsertSiteHere has your
most current e-mail address, and InsertSiteHere shall not be responsible
for any lost, misdirected, bounced, forwarded, or undeliverable
e-mail that InsertSiteHere sends to the most current e-mail address
you have provided to InsertSiteHere.
16.2. From Customer to InsertSiteHere.
Unless otherwise specified in this Agreement, notices to InsertSiteHere shall be sent to the following address:
Legal(at)InsertSiteHere(dot)com
17. Governing Law.
This Agreement shall be governed by and construed in accordance
with the laws of the State of California, without regard to choice of
law or conflicts of law provisions that would cause the application
of the law of another jurisdiction.
18. Currency.
All monetary amounts to which this Agreement refers shall be in
United States dollars.
19. Entire Agreement.
This Agreement, including all of its component parts, comprises
the entire agreement between you (the Customer) and InsertSiteHere,
and supersedes any prior or previous agreements between you and
InsertSiteHere with respect to the subject matter of this Agreement;
provided, however, that you agree that you shall be subject to any
additional terms and conditions of which InsertSiteHere notifies you
from time to time, pursuant to this Agreement.
20. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
21. Assignment.
21.1 Customer shall not assign or attempt to assign its obligations
under this Agreement without InsertSiteHere’s prior and express
written consent to such assignment.
21.2. InsertSiteHere may assign any or all of its rights and obligations
under this Agreement at any time without prior notice to or consent
of Customer.
22. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute,
controversy, or claim arising out of, in connection with, or in
relation to this Agreement, or the breach thereof shall be proper
only in a venue determined InsertSiteHere.
23. Choice of Law.
For all purposes, this Agreement shall be deemed to have been made
within the State of California, United States of America. This Agreement
shall be governed by the laws of the United States of America and
the laws of the State of California, without regard to California’s
choice of law and conflicts of law rules, and InsertSiteHere and
Customer each submit to the exclusive jurisdiction of the courts
of Santa Cruz County, California, or to the United States District
Court, should any claim or question arise under Federal law or federal
jurisdiction based upon diversity of citizenship.
24. Force Majeure.
InsertSiteHere shall not be liable or deemed to be in default for
any delay or failure in performance under this Agreement or interruption
of service resulting directly or indirectly from acts of God, civil
or military authority, acts of public enemy, war, terrorism, riots,
civil disturbances, insurrections, accidents, fire, explosions,
earthquakes, floods, the elements, strikes, labor disputes, shortages
of suitable parts, materials, labor or transportation, magnetic
interference, interruptions of electrical power or other utility
service, unavailability of any telecommunications or wireless service
or connection to any telecommunications or wireless service, or
any cause beyond the reasonable control of InsertSiteHere.
25. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable,
the unenforceable portion shall be construed in accordance with
applicable law as nearly as possible to reflect the original intentions
of the parties hereto, and the remainder of the provisions shall
remain in full force and effect.
26. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to InsertSiteHere’s
performance or alleged non-performance of this Agreement must be
commenced within one (1) year after the claim or cause of action
arises or such claim or cause of action is forever barred.
