Updated: February 26, 2013
Web Site Source (a DBA of Web Hosting Groups Corp.)
This Web Hosting Terms of Service Agreement (the "Agreement ") sets forth the terms and conditions of customer ( "Customer ", "You, "User ", or "Reseller ") use of Web Site Source, ( "WSS Hosting ") for web hosting services, including the provision of web hosting services on WSS Hosting's servers and connectivity to the Internet (the "Services "). WSS Hosting will provide the Services in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. You certify that you are at least 18 years of age. To become a WSS Hosting account holder, you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by Website Source Hosting. This Agreement will become effective when accepted by WSS Hosting. By posting notice 30 days in advance at a web page available on WSS Hosting web site (http://www.websitesource.com), WSS Hosting may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.
On this page:
WSS Hosting is only responsible to the present owner of the Web hosting space. We verify ownership by credit card number (if paid for by credit card), name, address, email address, username, and password. If you give this information to any other party or give access to your email address on your account to another party, you risk having your Web site and any other information on your account changed and/or deleted. We are not responsible for any information on your account should you reveal this information to another party who causes damage to your account and/or Web site.
If you are a Web designer and you are not the person paying for the hosting account we advise you to receive payment for your work before you publish it to WSS Hosting servers. Once the Web site is published to WSS Hosting servers the account owner has retained ownership of that content.
Account Holder Disputes: WSS Hosting will only accept and process changes to a Customer Account, including the issue and/or re-issue of passwords, from the party that originally setup the Customer Account and can demonstrate to WSS Hosting’ satisfaction that they are the rightful Account Holder. WSS Hosting will not divulge or change passwords to any account without proof of identification, which is satisfactory to WSS Hosting, which may include written authorization with signature.
In the event of any partnership break-up, divorce or other legal problems that includes a Customer Account, the Account Holder understands that WSS Hosting will remain neutral and may put the Account on hold until the situation has been resolved by the parties involved.
Under no circumstances will WSS Hosting be liable for any losses incurred by the Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless WSS Hosting from any and all claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
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a) Domain Names: If WSS Hosting shall acquire an Internet Domain Name on behalf of the customer, then in such case the Customer hereby waives any and all claims which it may have against WSS Hosting for any loss, damage, claim or expense arising out of, or in relation to, the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of services by WSS Hosting for any reason. WSS Hosting may identify itself at the time of registration or at a later date as one of the Domain Name contacts in order to administrate the Domain Name.
i) Registration: It is your responsibility to verify that the registration of your domain name is complete. And, when the domain name registration comes up for renewal, the Domain Name Registration Company ordinarily will email the contact for your domain to remind you it will soon expire. If you do not keep your domain name's registration current, then the domain registration will expire and the domain would then become available for others to register. It is your responsibility to be certain that you keep your domain name registered.
ii) Changes: There is a one-time fee of $20 for replacing an existing account domain name with another domain name, whether from spelling error(s) or other purposes.
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a) Payment: Full payment is required before any hosting service is rendered, which includes renewals. Prepayment is due each anniversary (one month, three month, six month, one year, two years) following the date the account was established. For international customers, if you are sending a check/money order the amount must be drawn in US dollars.
b) Fees: If you are paying by telephone, we charge $5 service fee per transaction. WSS Hosting charges a $25.00 fee for returned checks and a $75 fee for charge backs.
c) Taxes and Other Payments: All prices and fees payable to WSS Hosting hereunder are exclusive of all federal, state, municipal, or other government, excise, sales, use, occupational, or like taxes now in force or enacted in the future, and therefore, prices are subject to an increase equal in amount to any tax WSS Hosting may be required to collect or pay upon the sale or delivery of such services. If a certificate of exemption or similar document or proceeding is to be made in order to exempt the sale from such tax liability, Customer will obtain and pursue such certificate, document or proceeding prior to Service activation.
d) Billing and Invoicing All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. You must notify WSS Hosting within 60 days of receipt of the payment due notice if you have a dispute with the amount due. If your web site has an overdue balance, WSS Hosting automated billing system will suspend your account until you pay the overdue balance. Please note that it is your responsibility to keep your account current. You can check your account balance at any time by clicking "billing history" in your account's control panel. Billing will continue until you cancel your hosting account. Customers registering a domain name for multiple years or new hosting clients may be asked to provide a credit card authorization form. Monthly feature prices are not prorated. WSS Hosting reserves the right to change prices at any time.
e) Contract Renewals: Contracts for services provided by WSS Hosting, including all website hosting plans, database hosting plans, optional services and dedicated servers are automatically renewed at the renewal date unless we have been otherwise notified.
f) Coupons: 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 signed up using a particular domain, you may not resign up 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 invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.
g) Refunds: Domain registration, one time upgrade and maintenance fees and setup fees are nonrefundable. We do not refund partial-month recurring fees. WSS Hosting will only allow for the refund if cancellation is not the fault of the client, as determined by WSS Hosting. Accounts closed for violating WSS Hosting policies do not qualify for a refund. WSS Hosting refund policy does not apply to any additional items or services; this includes but is not limited to Data Storage, Data Transfer, MySQL Databases, FTP Logins, and Sub Domains. Also not included are Domain Registrations as well as Reseller programs. Because it is not possible to return a Miva license that you may have received, your refund amount will be reduced by the amount you were charged for the Miva license. Resellers' refund will be reduced $25 for virtual name servers installed on the account. Please allow at least 4-6 weeks for refunds of check, money order, credit card or PayPal payments.
h) 30-Day Money Back Guarantee: Every hosting account with WSS Hosting features a 30-day money back guarantee. If you choose to cancel your account within the first 30 days and notify us by completing the form located at: http://www.websitesource.com/company/cancel.shtml, we will refund all routine account fees, exclusive of any set up, one time upgrade and maintenance fees, overage charges or domain names fees. If your plan includes a free domain name and you cancel within the first 30 days, a fee for the domain will be deducted from your refund. Accounts closed after 30 days do not qualify for refund of any pre-paid fees. Cancellations over the telephone and informal email are not accepted. The 30 day money back guarantee does not apply to reseller accounts, or any fees associated with these accounts. Accounts cancelled/terminated by WSS Hosting for violating WSS Hosting policies do not qualify for the 30-day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund. 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, you will not be eligible for a refund or if you have opened a second account with us.
i) Cancellation: You may cancel at anytime. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies WSS Hosting of cancellation. Accounts closed after 30 days do not qualify for refund of any pre-paid fees such as multi-year plans. Domain registration fees, one time upgrade and maintenance fees and setup fees are non refundable. To cancel your account, please notify us by completing the form located here. Phone requests and email will not constitute acceptance of any cancellation. Notification of cancellation must be received at least five business days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle. It is the Clients Responsibility to secure email confirmation from WSS Hosting that account has been cancelled. If the client has not yet received email confirmation of account cancellation, then the account remains active, and you will continue to be invoiced. If Client has a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve Client of any outstanding financial obligations. All WSS Hosting accounts must be paid in full before the cancellation will be considered complete. Transferring your domain to another provider or nonuse of your hosting account does not constitute canceling your account. You must notify WSS Hosting to formally cancel your account and avoid further charges.
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Term, Termination, and Cancellation
WSS Hosting has the right to suspend or terminate any service without prior notice or warning for any reason at any time. If the terms and conditions or the general usage policies are violated in any way we reserve the right to immediately terminate the service without prior warning or notice and no refunds are issued for such terminated services.
a) The initial term of this Agreement shall be as set forth in the Order Form (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User, typically the order date. After the Initial Term, this Agreement shall automatically renew. ADDITIONALLY AFTER THE INITIAL TERM, YOU ACKNOWLEDGE, AGREE AND AUTHORIZE US TO AUTOMATICALLY BILL AND/OR CHARGE ON YOUR CREDIT CARD FOR SUCCESSIVE TERMS OF EQUAL LENGTH AS THE INITIAL TERM, UNLESS TERMINATED OR CANCELLED BY EITHER PARTY AS PROVIDED IN THIS SECTION. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term".
b)This Agreement may be terminated or cancelled;
i) If an account with a thirty (30) day money-back guarantee is purchased and cancelled within thirty (30) days of sign-up, the User will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Support Team. Refunds made for a thirty (30) day money-back guarantee will not include domain registration fees or setup fees, nor will they include any fees for additional services that are purchased in the first thirty (30) days. If your plan includes a free domain name and you cancel within the first 30 days, a fee for the domain will be deducted from your refund.
The thirty (30) day money-back guarantee is valid for credit-card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the thirty (30) day money-back guarantee for other payment methods.
ii) by WSS Hosting in the event of nonpayment by User,
iii) by WSS Hosting, at any time, without notice, if, in WSS Hosting's sole and absolute discretion and/or judgment, User is in violation of any term or condition of this Agreement and related agreements, AUP, or User's use of the Services disrupts or, in WSS Hosting's sole and absolute discretion and/or judgment, could disrupt, WSS Hosting's business operations and/or
iv) by WSS Hosting as provided herein.
c) If You cancel this Agreement, upon proper notice to WSS Hosting, prior to the end of the Initial Term or any Term thereafter,
i)You shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation;
ii) Any cancellation request shall be effective thirty (30) days after receipt by WSS Hosting, unless a later date is specified in such request.
d) WSS Hosting may terminate this Agreement, without penalty,
i) if the Services are prohibited by applicable law, or become impractical or unfeasible for any technical, Terms of Service or regulatory reason, by giving User as much prior notice as reasonably practicable; or
e) Upon termination of this Agreement for any cause or reason whatsoever, neither party shall have any further rights or obligations under this Agreement, except as expressly set forth herein. The provisions of Sections 1a, 4e, 15,16,19, and 22 of this Agreement shall survive the expiration or termination of this Agreement for any cause or reason whatsoever, and, notwithstanding the expiration or termination of this Agreement, the parties shall each remain liable to the other for any indebtedness or other liability theretofore arising under this Agreement. Termination of this Agreement and retention of pre-paid fees and charges shall be in addition to, and not be in lieu of, any other Terms of Service or equitable rights or remedies to which WSS Hosting may be entitled.
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Website Content Policy:
All Services provided by WSS Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law, or in violation of the laws of any country, is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, material that advocates or calls for the commission of crimes or civil harms to any person, group of people, corporation, country, or any entity, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless WSS Hosting from any claims resulting from the use of the Service which damages the subscriber or any other party.
Pornography is prohibited on all WSS servers. This includes sites that may infer sexual content, or links to adult content elsewhere. WSS Hosting will be the sole arbiter in determining violations of this provision.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via trouble-ticket /email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us and we will be happy to assist you.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice. Any illegal activity, including adult content, links to adult content web sites, spamming or hacking will result in your site being shut down and all your files deleted without warning.
Hosting space is intended for normal use only, and is limited to Web files, e-mail and content of the hosted Web sites, not for storage of media or other data. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts. You are responsible for removing any files which do not meet these requirements, and for adhering to any hosting space (disk usage) limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials, and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Each account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal server operation or service to other WSS Hosting customers. You will be notified about offending cgi script that has been disabled. No chat room or similar scripts allowed.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to WSS Hosting servers or any other server on the Internet. Links to such materials are also prohibited.
WSS Hosting will be the sole arbiter as to what constitutes a violation of website content restrictions.
Examples of unacceptable material on all Shared and Reseller servers include:
Examples of unacceptable material on all Dedicated servers include:
Acceptable Use Policy:
eMail Policy: WSS Hosting may not be the source, intermediary, or destination address involved in the transmission of any unsolicited email, email bombs, hate email, or any mass email. Your email account may not be referenced as originator, intermediary, or reply-to address of such email. We consider mass email any email message sent to more than 150 emails/hour; this limit does not apply to virtual private server accounts. Client is responsible for keeping email storage on each POP3 box below 300 MB. This is normal for most accounts since email is typically downloaded from the server on a regular basis using an email client such as Outlook, Outlook Express or Eudora. In most cases, emails are limited to 10MB per file size.
Spam Policy: WSS Hosting is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the WSS Hosting network, by customers or any other users of the WSS Hosting network (including customers' customers); and/or over ANY network- if the message sent advertises or mentions a site hosted on the WSS Hosting server.
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to a WSS Hosting email address or web site URL is prohibited. The use of WSS Hosting servers as a mail drop for responses to activities described above is also prohibited. Accounts canceled due to spam will be billed a "clean up" fee of $500.
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Additional Shared Hosting Account Restrictions
Using a shared hosting account as a backup/storage device is not permitted, with the exception of one Hsphere panel backup of the same account. Please do not take backups of your backups. Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. In some cases, WSS Hosting may not establish a specific amount of Bandwidth and/or Disk Usage, and refer to that as "Unlimited" disk space or bandwidth. In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. WSS Hosting reserves the right to suspend, discontinue or delete the accounts of Users whose disk space or bandwidth utilization results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space or bandwidth included in the User's plan.
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Excessive Service Usage
Customers are restricted from using excessive amounts of CPU processing, network bandwidth or other resources provided by WSS Hosting. Judgments of excessive usage are determined solely by WSS Hosting and will be considered in comparison to other WSS Hosting customers using similar services and paying WSS Hosting similar rates. WSS Hosting may contact customers with resource intensive requirements and attempt to accommodate such needs. In the case that an agreement cannot be made to the satisfaction of both WSS Hosting and the customer, and that the customer continues to use excessive resources, WSS Hosting reserves the right to immediately terminate any customer account associated with excessive resource usage. Accounts or services involved in excessive resource usage may be suspended or terminated immediately by WSS Hosting without prior notice.
Examples of excessive resource use abuse:
a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. d) Run any software that interfaces with an IRC (Internet Relay Chat) network. e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. f) Participate in any file-sharing/peer-to-peer activities g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals of less than 15 minutes when using PHP include functions for including a local file; include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
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WSS Hosting allows for very generous traffic, and most sites never exceed 4 G per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. WSS Hosting customers are discouraged from storing any files that cause excessive traffic on WSS Hosting servers. Please contact WSS Hosting web hosting technical support team for more information. Again, 99% of the sites do not fall into this category and never reach WSS Hosting traffic limits.
We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law.
Any deliberate attempt to cause damage to WSS Hosting or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.
You will be charged for transfer that you use beyond the defined data transfer limits without prior notification. You can setup your account to notify you via email when you are nearing your data transfer limit. Just click on "Account Management" and setup the notification. You can monitor your monthly transfer that you have used in the "Resource Meter" area of your control panel and you can add more transfer to your account at any time by clicking on "Upgrade CP" in your control panel. Just upgrade to a higher plan. If you need additional bandwidth transfer above what is allowed with a higher hosting package, please contact us and we will be happy to assist you. Please note that it is your responsibility to make sure that you have sufficient bandwidth transfer remaining for your web pages. If your web site has used all the bandwidth transfer that you have purchased, WSS Hosting system will suspend your account until you contact us to purchase additional bandwidth transfer.
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Resellers provide billing to their end customers. WSS Hosting bills the Reseller for the reseller’s plans, domain and other add-on items used by the end customers. We can only allow you to be a reseller if you are paying by credit card. Actual or attempted violations of policy by a customer's end user shall be considered violations of the policy by the customer regardless of intention and will be acted upon accordingly. The Reseller’s customers are given a limited amount of transfer and if we feel that one of your customers is using up more transfer than allocated or is taking up too much of the CPU usage then we will need to pass some of the extra cost on to the reseller. You will need to put that in your terms and conditions for the hosting. Reseller agrees that they or their customers can not hold WSS Hosting responsible for services that reseller offers. Reseller’s customers must abide by the same terms and conditions as reseller. If Reseller abuses WSS Hosting services, we reserve the right to cancel your account, which will also cancel reseller’s customers accounts.
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Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content or any other information. If loss of data occurs due to an error of WSS Hosting, we will attempt to recover the data for no charge to the client.
If data loss occurs due to negligence of client in securing their account or by an action of the client, WSS Hosting will attempt to recover the data from the most recent archive for a non-refundable $30.00 fee.
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If the Website uptime of customer's Website is less than 99.9%, WSS Hosting will issue a credit to the customer's hosting account in accordance with the following table, with the credit being calculated on the basis of the monthly service.
|Website Uptime||Downtime Amounts *||Credit Percentage|
|99% to 100%||Less than 42.2 mins||0%|
|98% to 99.8%||42.3 - 864 mins||10%|
|95% to 97.9%||865 - 2160 mins||25%|
|90% to 94.9%||2161 - 4320 mins||50%|
|89.9% or bellow||greater than 4320 mins (72 hours)||100%|
Credit Exceptions: Customer shall not receive any credits under this Uptime Guarantee in connection with any failure or deficiency of Website availability caused by or associated with:
Circumstances beyond WSS Hosting’s control including, war, strike or other labor disturbance, unavailability/interruption/delay in telecommunications, virus attacks and/or hackers, third party software failure (free scripts, ecommerce software including Miva Merchant, Merchant Gateways), fire, flood, tornado, earthquakes, acts by any governing body, embargo, boycott, or inability to obtain supplies, raw materials, or power used in or equipment needed for provision of this Uptime Guarantee, Failure of access circuits to the Service Provider Network, unless the failure is caused solely by WSS Hosting, Emergency server or network maintenance, scheduled maintenance, and system upgrades, Domain name system (DNS) problems outside of the control of WSS Hosting, Issues with FTP, POP, IMAP, or SMTP customer access, Customer's acts or omissions (or acts or omissions of others acting on behalf of or authorized by customer), including, without limitation, custom scripting or coding (i.e., PHP, Python, CGI, Perl, HTML, ASP, Cold Fusion, etc...), any negligence, willful misconduct, or use of the Services in breach of any item outlined in WSS Hosting's Terms of Service.
Problems elsewhere on the internet may prohibit you from viewing your account. WSS Hosting is not responsible for browser, DNS, or other caching that might make it appear your site is unavailable even though others can still access your information. This guarantee covers areas WSS Hosting controls such as WSS Hosting servers, routers, and switches. Please refer to The Internet Traffic Report, which monitors the flow of data around the world, for more information on any problems elsewhere on the Internet which may exist:
Credit Request and Payment Procedure: a)In order to receive a credit, customer must make a request by sending an email message to email@example.com. Each request in connection with this Uptime Guarantee must include customer's domain name and the dates and times of the unavailability of the website. The request must be received by WSS Hosting within ten (10) days after the Website was not available. If the unavailability is confirmed by WSS Hosting, credits will be applied within 30 days after WSS Hosting's receipt of the credit request. Credit is posted to the customer's hosting account only - no refunds via check, credit card, or PayPal are available.
Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this Uptime Guarantee shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by WSS Hosting and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Website availability of customer's website.
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IP Addresses: In performing the Services, Website Source Hosting maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
Trademarks, etc: WSS Hosting owns all right, title and interest in and to the Services and WSS Hosting's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Services and the related hardware, software and systems ("Marks"). Nothing in this Agreement constitutes a license to User to use or resell the Marks.
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Limitation of Warranty and Liability, Indemnification Policy:
You agree to use all WSS Hosting services and facilities at your own risk. WSS Hosting specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall WSS Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD WSS Hosting HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY WSS Hosting. CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WSS Hosting HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS, CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WSS Hosting, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, ITS AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WSS Hosting AGAINST LIABILITIES ARISING OUT OF:
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with WSS Hosting's server;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customer from WSS Hosting's server.
Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on WSS Hosting's servers nor the links to other websites are screened, approved, reviewed or endorsed by WSS Hosting. WSS Hosting is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not WSS Hosting's statements of advice, opinion or information.
WSS Hosting shall be the sole judge of what violates this Policy.
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Disputes and Arbitration
a) Jurisdiction and Venue: The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Nevada (without regard to conflicts of laws principles).
a) Attorney's Fees and Expenses: Should any legal action be instituted to enforce the terms and conditions of this agreement, if WSS Hosting shall be the prevailing party, WSS Hosting shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels.
a) Waiver of Jury Trial : By using any WSS Hosting services, you agree to submit to binding arbitration. If any disputes or claims arise against WSS Hosting or its subsidiaries, such disputes will be handled by an arbitrator of WSS Hosting's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Nevada. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration. You and WSS Hosting each acknowledge that the waiver is a material inducement for each party to enter into a business relationship, that each party has already relied on the waiver in entering into this Agreement and that each will continue to rely on the waiver in their related future dealings.
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Scope of Authority
Customer has no authority, apparent or otherwise, to contract for, or on behalf of WSS Hosting, or in any other way legally bind WSS Hosting in any fashion, nor shall Customer be authorized to make any representations about WSS Hosting or its services other than to reiterate to its Customers WSS Hosting's responsibilities as outlined in this agreement.
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Fitness for Purpose and Intended Use
WSS Hosting provides general purpose Internet, web hosting, email and other related products and services. All products and services are provided on an "as-is" basis. WSS Hosting makes no guarantees regarding fitness of the products and services for any particular use or intent. It is the sole responsibility of the customer to determine if WSS Hosting' services are fit for the customers intended use. In the event that the products or services are unfit for any particular purpose, WSS Hosting is under no obligation to alter the service to meet the intended use nor is WSS Hosting under any obligation to provide alternate services to meet the intended use.
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Entire Agreement and Severability
This instrument constitutes the entire agreement between WSS Hosting and the Customer, and represents the complete and entire understanding of the parties with respect to the subject matter of this agreement. This instrument supersedes any other agreement or understanding between WSS Hosting and the Customer, whether written or oral. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement, which it evidences, shall remain in full force and effect.
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WSS Hosting reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. WSS Hosting will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not WSS Hosting's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.
You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that WSS Hosting is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, WSS Hosting will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, WSS Hosting has a policy of terminating accountholders who are copyright infringers. For more information, please visit the Copyright Infringement section of this Agreement.
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Notice and Takedown Procedures for Web Sites
In order to have an allegedly infringing web site removed from our servers or to have access to an allegedly infringing website disabled, the copyright owner must provide notice to the service provider with the following information:
Once notice is given to the service provider, or in circumstances where the service provider discovers the infringing material itself, it is required to expeditiously remove, or disable access to, the material. The safe harbor provisions do not require the service provider to notify the individual responsible for the allegedly infringing material before it has been removed, but they do require notification after the material is removed.
Counter-Notice and Put-back Procedures
In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)] If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)].
A proper counter-notice must contain the following information:
If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)].
Client agrees to use the Help Desk located at helpdesk.websitesource.com for web hosting technical support issues. WSS Hosting does, however, offer telephone support to clients. Client agrees not to abuse this resource. Abuse includes placing multiple repeat calls without leaving a message or leaving multiple messages in the same 24-hour period. Clients who abuse telephone support privileges may, at WSS Hosting's sole discretion, have telephone support privileges revoked and/or incur a charge of $20.00 per call for a 30 minute call. WSS Hosting shall have sole authority to determine violations of this policy.
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We use your IP address to help diagnose problems with the Services, and to administer the WSS Hosting Web site.
WSS Hosting site uses an order form for customers to request information, products, and services. We collect visitor's contact information (like their email address) and financial information (like their account or credit card numbers). Contact information from the order form is used to generate accounts. The customer's contact information is also used to get in touch with the customer when necessary. Financial information that is collected is used to bill the user for products and services.
In order to register for WSS Hosting service(s), the user is required to supply his / her Full Name, Company Name, Full Address, Phone Number, E-mail address, username, and domain name. To register for Web Hosting, the user must also supply a username, password and domain name. To use the Search Engine submission tool, the user must supply their domain name / URL.
Sharing of Information:
WSS Hosting uses the above-described information to contact our clients in regards to changes in our services. Information that is collected is not shared with or sold to any third party, with the following exceptions:
In order for WSS Hosting to register / modify domain names, the above information is submitted to Bulkregister.com or one of our other ICANN accredited domain registrars. WSS Hosting is not responsible for the privacy practices of those Web-Sites described above to whom which we must provide information.
Registrant Rights and Responsibilities Under the 2009 Registrar Accreditation Agreement
This site does contain a small number of links to other sites. WSS Hosting is not responsible for the privacy practices or the content of such Web sites.
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