WEB HOSTING SERVICES
1. Web Agency Group LLC may
make available for purchase, from time to time, a variety of hosting or hosting
related packages referred to as Hosting,Web Hosting,Shared Web Hosting ,VPS Hosting,Cloud
Hosting,Cloud, Cloud Back Up, other stand-alone hosting services and optional
add-on services, as published on a Web Agency Group LLC website (collectively, “Web Hosting
Services”). Subject to the terms and conditions of this Agreement (which
includes this and all other applicable Schedules) and during the term of this
Agreement, Web Agency
Group LLC agrees to provide to you the Web Hosting Services you purchase
during the sign-up process. Web
Agency Group LLC reserves the right to amend its Web Hosting Services
offerings and to add, delete, suspend or modify the terms and conditions of the
Web Hosting Services,
at any time and from time to time, and to determine whether and when any such
changes apply to both existing and future customers.
2. Fees
and Payment Terms.
A. Web Hosting Services
shall be paid by valid credit card acceptable to Web Agency Group LLC or other payment method
acceptable to Web Agency
Group LLC for the Hosting Services. Your annual, monthly, or other
recurring periodic payments for Hosting Services (the “Hosting Services
Fees”) shall be automatically charged to the credit card provided by you
at the time of your purchase or such other credit card on your account (your
“Credit Card”), with such payments being charged in advance, and you hereby
agree that Web Agency Group
LLC is authorized to charge your Credit Card or other selected payment
method. Web Agency Group
LLC, in its sole discretion, shall determine the prices it will charge
for the Hosting Services, and Web Agency Group LLC may amend such pricing in accordance with
terms set forth in the Services Agreement. If you do not agree to any such
change, you may terminate this Agreement (or cancel your Hosting Services, as
applicable) further in accordance with the Agreement, otherwise all such
changes will be effective with respect to your account, and you agree that we
are authorized to charge your credit card for any new or additional Hosting
Services Fees, on the next monthly, annual or other recurring periodic payment
cycle (as applicable).
B. If your data
usage or storage exceeds the amount permitted by the Hosting Services package
or program you purchase, Web
Agency Group LLC may, in its sole discretion, upgrade you to the next
level package that supports the amount of data usage or storage you have used.
If you are upgraded, you will be charged a prorated amount to upgrade your plan
for the remainder of your term (the “Prorated Upgrade Payment”) and
your renewal Hosting Services Fees will be at the rate for such upgraded plan.
Any Prorated Upgrade Payment and your new Hosting Service Fees will be
automatically charged to your Credit Card, and you hereby agree that Web Agency Group LLC is
authorized to charge your Credit Card. If you do not agree to any such upgrade,
you may terminate this Agreement (or cancel your Hosting Services, as
applicable) as provided herein within five (5) days of such upgrade; otherwise
all such changes will be effective with respect to your account, and you agree
that we are authorized to charge your Credit Card for any Upgrade Payment and
your new Hosting Service Fees.
C. In addition
to recurring service fees, Web
Agency Group LLC may charge set up fees and other one-time fees for any
optional services as set forth on our Website and/or described in this Schedule
(collectively “One-time Fees”). Billing for One-time Fees shall be by
valid credit card (acceptable to Web Agency Group LLC) at the time of purchase at the price set
forth on our Website. Your One-time Fees shall be automatically charged to the
credit card provided by you (and acceptable to Web Agency Group LLC) at the time of your
purchase, and you hereby agree that Web Agency Group LLC is authorized to so charge your credit
card. Web Agency Group LLC,
in its sole discretion, shall determine the prices it will charge for all Onetime
Fees.
D. Web Agency Group LLC will
charge you a Processing Fee if you terminate or cancel any package prior to the
completion of any limited money-back guarantee time period for that package.
You authorize Web Agency
Group LLC, in its sole discretion, to charge the credit card provided by
you at the time of your purchase or forward an invoice to you immediately upon
any such termination or cancellation of an annual Web Hosting Services package for the amount of the
Processing Fee.
E. Web Agency Group LLC will
suspend your account if you request a chargeback on your credit card for
automatic charges to your credit card for excess data transfer usage as further
addressed below.
3. Term and
Termination,
A. Term. Your Web Hosting Services
shall be either (i) on a month-to-month basis for successive monthly periods or
other similar billing cycle, (ii) if you have selected our auto-renew feature,
on a year-to-year basis for successive yearly periods, or (iii) if you have not
selected our auto-renew feature, for a one-time annual period, all unless
either party notifies the other of termination or cancellation in accordance
with this Agreement, and subject to the then-current terms and conditions of
this Agreement at the time of any renewal of your Web Hosting Services.
B. Cancellation.
Subject to your obligation to pay any applicable Processing Fees, you may
cancel your Web Hosting
Services at any time. To cancel your Subscription Service you must
notify Web Agency Group
LLC. Your Web
Hosting Services will be canceled as of the expiration of the monthly
billing cycle in which your notice was received. Any fees already paid to Web Agency Group LLC
shall not be reimbursed to you (except for money back guarantees that may apply
to your services). Unless terminated earlier as provided herein, this Schedule,
and the Agreement if you have no other services with Web Agency Group LLC, will be terminated as
of the cancellation of your Web
Hosting Services.
C. Notwithstanding
anything to the contrary in the Agreement and without limiting any right or
remedy of Web Agency Group
LLC contained in the Agreement, Web Agency Group LLC may suspend or terminate your
Hosting Services, suspend your access and password, remove your Hosting
Services from Web Agency
Group LLC‘s servers, or remove any content within the Hosting Services,
if Web Agency Group LLC
concludes, in its sole and exclusive discretion, that you (i) have breached,
violated, or acted inconsistently with the letter or spirit of the Agreement,
including this Addendum, the Services Agreement, the Acceptable Use Policy, or
any other applicable Web
Agency Group LLC term, condition, rule, policy or any applicable law or
regulation; (ii) have provided false information as part of your account
information; (iii) have failed to keep your account information complete, true,
and accurate; (iv) fail to respond to any email communication sent to the email
address listed in your account information; (v) are engaged in fraudulent or
illegal activities or the sale of illegal or harmful goods or services; (vi)
are engaged in activities or sales that may damage the rights or reputation of Web Agency Group LLC or
others; or (vii) engage in any activity, whether or not intentionally, that
threatens the stability or security of Web Agency Group LLC‘s network, servers, or other
services, in Web Agency
Group LLC‘s sole discretion (each “Termination for Cause”).
Any Termination for Cause by Web
Agency Group LLC will take effect immediately, and you expressly agree
that you will not have any opportunity to cure. In addition, Web Agency Group LLC may
terminate your Hosting Services at any time without cause upon notice to you.
Your sole and exclusive remedy for such termination of your Hosting Services
without cause, that you may qualify for, will be a refund of your Hosting
Services Fees for the then current term.
4. Additional
Warranty Disclaimers and Limitations of Liability.
A. IN ADDITION
TO THE OTHER DICLAIMERS AND LIMITATIONS OF LIABILITY OF WEB AGENCY GROUP LLC AS SET FORTH IN THE
AGREEMENT, WEB AGENCY
GROUP LLC IS ALSO NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR
THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR
ANY OF YOUR END USERS VIA THE HOSTING SERVICES PROVIDED BY WEB AGENCY GROUP LLC.
B. Information
obtained by you from the Internet may be inaccurate, offensive or in some cases
illegal. Web Agency Group
LLC has no control over information contained on the Internet and
accepts no responsibility for any information that you may receive or transmit
via the Internet.
C. You accept
full responsibility to verify the truth and accuracy, legality and ownership of
the information that you disseminate or display in connection with your use of
the Web Hosting Services
or obtain from the Internet.
D. You agree
that if Web Agency Group
LLC takes any corrective action under this Agreement in response to your
or your end users’ actions or failures to act, that corrective action may
adversely affect you or your end users and you agree that Web Agency Group LLC
shall have no liability to you or your end users due to any corrective action
taken by Web Agency Group
LLC.
E. You agree
that Web Agency Group LLC
has no obligation to back-up any data related to your website unless Web Agency Group LLC expressly
agrees otherwise in writing (or has expressly stated so on our Website). You
agree that you will regularly back-up your data whether or not Web Agency Group LLC
agrees to or actually does back-up any data.
F. You agree
that any backups provided in conjunction with the Web Hosting Services will be allocated to any
applicable storage package.
5. Restrictions
on Use.
A. Web Agency Group LLC does
not intend to and shall have no obligation to systematically monitor the
content that is submitted, stored, distributed or disseminated by you via the Web Hosting Services (the
“Content”). Your Content includes content of your end users and/or
users of your website. Accordingly, you are responsible for your end users’
content and all activities on your website. Web Agency Group LLC, in its sole and exclusive
discretion, may immediately take corrective action, including, but not limited
to, removal of all or a portion of your Content and suspension and/or
termination of your Web
Hosting Services, in the event of notice of any possible violation of
this Agreement or the AUP by you or your end users. You agree that Web Agency Group LLC will
have no liability to you or any of your end users due to any corrective action
that Web Agency Group LLC
may take and that you will not be entitled to a refund of any fees paid in
advance prior to the corrective action. You agree to the additional
restrictions of use for the ancillary services provided by Web Agency Group LLC in
conjunction with the Web
Hosting Services that are found in other schedules to this Agreement.
B. You warrant
that your Content does not violate or infringe any copyright, trademark, patent
or intellectual or other proprietary property right of any third party or
contain any obscene or libelous material or otherwise violate any law or
regulation.
C. Your use of
networks or computing resources provided to Web Agency Group LLC by third party providers and
made available to you as part of the Web Hosting Services is subject to the respective permission and
usage policies of such third parties. If you purchase any Hosting services, you agree to be bound by the
terms of the End User License Agreement.
D. You agree
that you will not exceed the bandwidth or storage space limits applicable to
the Web Hosting Services
purchased, as set forth on our Website. You agree that if you do exceed either
of such limits, Web Agency
Group LLC, in its sole and exclusive discretion, may immediately take
corrective action, including, but not limited to, deletion of part or all of
your content, assessment of additional fees, suspension and/or termination of
your Web Hosting Services.
You agree that Web Agency
Group LLC will have no liability to you or any of your end users due to
any corrective action that Web
Agency Group LLC may take and that you will not be entitled to a refund
of any fees paid in advance prior to the corrective action. Furthermore, Web Agency Group LLC‘
hosting servers are not an archive and Web Agency Group LLC shall have no liability to
you or any other person for loss, damage or destruction of any of your content.
You shall at all times, use the space provided to you on Web Agency Group LLC‘
hosting servers exclusively for serving up and deploying your website. You
shall not use the space provided to you on Web Agency Group LLC‘ hosting servers in any way
which may result in an excessive load on the Web Agency Group LLC‘ equipment and/or network,
including but not limited to installing or running web proxies, using your allotted
space as online backup or storage, or mirroring mass downloads. Use of the
space provided to you on Web
Agency Group LLC‘ hosting servers and your services shall be in a manner
consistent with the terms and conditions of this Agreement and shall not in any
way impair the functioning or operation of Web Agency Group LLC‘ equipment or network. Should
your use of the Web Agency
Group LLC‘ services result in a violation of this or any other part of
this Agreement, in Web
Agency Group LLC‘ sole discretion, Web Agency Group LLC may suspend your services
until the cause of any such violation is determined and resolved.
E. For the
“Unlimited” shared Web
Hosting Services, there is no bandwidth or storage space limit. However,
“Unlimited” shared Web
Hosting Services are not intended to support the hosting needs of large
enterprises that require large bandwidth and storage capabilities. To insure
that our shared hosting is reliable and available for all of our small business
users, your usage cannot adversely affect the performance of other customers’
sites. Using our “Unlimited” shared Web Hosting Services primarily as online storage
space for archived electronic files is prohibited. You agree that if your
bandwidth and storage space usage adversely affects other customers on our
shared hosting platform, Web
Agency Group LLC may suspend or terminate your Web Hosting Services without liability.
F. You may use a
feature for this service (which may be found on Web Agency Group LLC‘ website) in order to store
and share up to 2GB of files. Each file shall not exceed 200MB in size. You
agree that your use of this service shall not in any way impair the functioning
or operation of Web Agency
Group LLC‘ equipment or network. You further agree that if you exceed
the limitations set forth above, and/or violate Web Agency Group LLC‘ Acceptable Use Policy. Web Agency Group LLC, in
its sole and exclusive discretion, may immediately take corrective action,
including, but not limited to, assessment of additional fees, suspension, termination,
and/or deletion of your files.
6. Data
Transfer Overage Charges.
A. You agree
that you will not exceed the data transfer (bandwidth) or storage space limits
applicable to the Web
Hosting Services purchased, as set forth on our Website. You agree that
if you do exceed either of such limits, Web Agency Group LLC, in its sole and exclusive
discretion, may immediately take corrective action, including, but not limited
to, assessment of additional fees and/or suspension and/or termination of your Web Hosting Services. You
agree that Web Agency
Group LLC will have no liability to you or any of your end users due to
any corrective action that Web
Agency Group LLC may take and that you will not be entitled to a refund
of any fees paid in advance prior to the corrective action.
B. Excess
bandwidth usage cannot be purchased by you in advance.
C. If you exceed
your data transfer limit in the last 24 hours of any given month, Web Agency Group LLC will
not charge you additional fees so long as the data transfer overage does not
exceed 25GB.
D. For the VPS
Hosting, you agree that Web
Agency Group LLC may automatically charge your credit card for the
bandwidth overage fees. You may opt-out of automatic charges to your credit
card by contacting Customer Service. If you opt out of the automatic overage
charges, you risk account suspension if you exceed your allotted amount.
7. Other
Terms and Conditions.
A. The Web Hosting Services we
provide under this Agreement may incorporate other products or services that we
provide, or products or services provided by third parties with whom we have a
business relationship (“Additional Services”). Your use of these
Additional Services may be subject to a separate application and/or approval
process and you reaching separate agreements with us or with third parties.
(For example, if you desire to accept credit card payments through a website
you establish via the Web
Hosting Services, your relationship with the third-party merchant
account provider may be subject to an application and approval process and you
reaching a separate agreement with such provider.) Some of these separate
agreements may require you to pay fees in addition to the fees that you pay us
for the Web Hosting Services.
We will strive to let you know when your receipt of Additional Services will
require you to enter into a separate agreement, whether with us or with a
third-party, and whether such separate agreement will require you to pay
additional fees. Additionally, depending on the services you elect to receive,
you may be responsible for establishing and maintaining a commercial banking
relationship with a financial institution. The terms of any such relationship
shall be between you and the financial institution and will not necessarily
reflect or incorporate terms of any agreements we may have with the
institution. Further, you agree that our third party vendors providing any
services as part of the Web
Hosting Services, and their successors, are intended third-party
beneficiaries under this Agreement and will be entitled to enforce your
obligations under this Agreement. Finally, you acknowledge and agree that other
Schedules in this Agreement may apply to the various services included in your Web Hosting Services
package (for example, Schedules related to domain name registration, email,
Private Registration, etc.), and that you have read and you agree to be bound
by the additional terms and conditions in those Schedules.
B. You agree
that any domain name directory, sub-directory, file name or path (e.g. ) that
does not resolve to an active web page on your Website being hosted by Web Agency Group LLC, may
be used by Web Agency
Group LLC to place a “parking” page, “under
construction” page, or other temporary page that may include promotions
and advertisements for, and links to, Web Agency Group LLC‘ Website, Web Agency Group LLC
product and service offerings, third-party Websites, third-party product and
service offerings, and/or Internet search engines. You agree that Web Agency Group LLC may
change the content and/or appearance of, or disable any of these temporary
pages at any time, in its sole discretion, and without prior notice.
C. For some Hosting
and Cloud services like Hippa hosting, Phippa hosting etc, Web Agency Group LLC may
also offer Premium Support services in addition to providing its standard
support services. This Premium Support is available to assist you with complex
technical functions and issues related to the certain Hosting and Cloud services
and are available for a fee that will be charged to your credit card based on
the amount of support time used. Web Agency Group LLC makes no warranties with respect to any
technical support services provided to you and you are solely responsible for
the management of your VPS Hosting system, server software and applications.
8. Hosting
Service Availability Guarantee. We guarantee that your Hosting Services
will be up and accessible (“Available”) 99.9% of the time except for
interruptions caused by the following:
• errors caused by you from custom
scripting or coding;
• any interruption caused by third
party software installed by you;
• corrective actions taken by Web Agency Group LLC
pursuant to the terms of this Agreement;
• outages that do not affect the appearance
of the web site but merely affect access to the web site such as FTP and email;
• Internet frailties;
• any application under the
Software/Services heading in our administrative panel;
• periodic scheduled maintenance or
repairs that Web Agency
Group LLC may undertake from time to time; and
• causes beyond the control of Web Agency Group LLC or
that are not reasonably foreseeable by Web Agency Group LLC.
If your Hosting Services are not Available 99.9% of the time,
your sole and exclusive remedy will be a credit for Hosting Services as
specified in this Section. If during any month your Hosting Services are not
available for a total number of hours you will receive a credit as follows:
•
up
to 1 hour, you will receive a credit for at least 1 hour of Hosting Services
Fees;
•
between
1 and 12 hours, you will receive a credit for at least 12 hours of Hosting
Services Fees;
•
between
12 and 24 hours, you will receive a credit for at least 24 hours of Hosting
Services Fees;
•
between
24 and 72 hours, you will receive a credit for at least 72 hours of Hosting
Services Fees; or
• above 72 hours, you will receive a
credit for 144 hours of Hosting Services Fees.
All credits will be calculated by prorating your current
recurring fees to an hourly basis. The credit amounts above will be doubled for
our highest level shared Hosting Services product. The credit may be used by
you only for the renewal of your Hosting Services, and is exclusive of any
applicable taxes. Each uptime calculation is measured by the uptime for the
entire customer base across all hosting systems for Web Agency Group LLC. Scheduled maintenance
to Web Agency Group LLC
systems is excluded from the calculation of the uptime for UNIX and Windows
users as well as events causing downtime that are outside of the control of Web Agency Group LLC® or
are caused by third parties.
9. Content.
You expressly grant to Web
Agency Group LLC a non-exclusive, worldwide and royalty-free license to
cache, copy, display, use, and transmit on and via the Internet the content
that is submitted, stored, distributed or disseminated by you using the Hosting
Services (including content supplied by third parties), including, without
limitation, trade or service marks, text, images, photographs, illustrations,
graphics, audio clips, video clips, email or other messages, meta tags,
software, files, data, works, information and/or other related materials
(collectively, the “Content”), in connection with Web Agency Group LLC‘s
performance or enforcement of the Agreement and revocable only upon the
termination of Hosting Services. You are solely responsible for providing,
updating, uploading and maintaining your website and any and all Content on,
within, displayed, linked or transmitted to, from or through your website. Your
Content also includes any registered domain names provided by you or registered
on behalf of you in connection with the Hosting Services. Web Agency Group LLC does
not intend to and shall have no obligation to systematically monitor the
Content. Your Content includes content of the end users of your website.
Accordingly, you are responsible for your end users’ content and all activities
on your website. Web
Agency Group LLC has absolute discretion to take immediate corrective
action, which may include removal of all or a portion of your Content,
suspension of your Hosting Services, and termination of your Hosting Services,
if notice of any possible violation of this Agreement (including but not
limited to this Addendum, the Service Agreement, the Acceptable Use Policy,
etc.) by you or your end users is determined by Web Agency Group LLC. You agree that Web Agency Group LLC will
have no liability to you or any of your end users due to any corrective action
that Web Agency Group LLC
may take and that you will not be entitled to a refund of any fees paid in
advance prior to the corrective action. You agree to the additional
restrictions of use for the supplementary services provided by Web Agency Group LLC in
conjunction with the Hosting Services that are found in the Services Agreement.
10. Storage
and Security. At all times, you bear full risk of loss and damage to your
Website and all of your Content. You are entirely responsible for maintaining
the confidentiality of your password and account information. You agree that
you are solely responsible for all acts, omissions, and use under and charges
incurred with your account or password or in connection with the Website or any
of your Content displayed, linked, transmitted through, or stored on the Web Agency Group LLC
servers. You are solely responsible for undertaking measures to:
•
prevent
any loss or damage to your Content;
•
maintain
independent archival and backup copies of your Content;
•
ensure
the security, confidentiality and integrity of all your Content transmitted
through or stored on Web
Agency Group LLC servers; and
• ensure the confidentiality of your
password.
Web Agency Group LLC‘s servers are not an archive and Web Agency Group LLC
shall have no liability to you or any other person for loss, damage, or
destruction of any of your Content. The Hosting Services are not intended to
provide a PCI (Payment Card Industry) compliant environment and therefore
should not be considered as one. Web Agency Group LLC shall have no liability to you or any other
person for your use of the Hosting Services in violation of these terms.
You agree that Web Agency Group LLC has no obligation to back-up any data
related to your website. In the event your use of the Hosting Services is
terminated, moving your website off of the Web Agency Group LLC servers is your
responsibility. Web Agency
Group LLC will not transfer or FTP your website to another provider.
11. IP
Addresses. You acknowledge and agree that Web Agency Group LLC has the right to seek
justification in connection with your use of the Hosting Services, specifically
your purchase of additional IP addresses, and that you will be obligated to
provide any and all information reasonably sought by Web Agency Group LLC pursuant to such
justification. In the event you do not begin using at least ninety percent
(90%) of your additional IP addresses, Web Agency Group LLC will have the right to
reclaim any unused IP addresses within thirty (30) days from the time they are
purchased. In connection with such purchase, you acknowledge and agree that your
name and justification may be disclosed to certain registries, including, but
not limited to, the American Registry of Internet Numbers, in accordance with
policies promulgated by any and all such registries and such information may be
displayed publicly on the WHOIS database. Web Agency Group LLC will have no responsibility
if your IP address is blacklisted and you are responsible for removal of your
IP address from any blacklist.
12. Other Services.
You acknowledge and agree that other terms, conditions, and agreements may
apply to the various services included in your Hosting Services program or
package (i.e., terms and conditions related to domain name registration, email,
Private Domain Name Registration, etc.), and that you have read and you agree
to be bound by such additional terms and conditions.