Web Site Hosting Terms Of Service
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The following words used in context of the Service
Contract are defined as follows:
- "Provider": TheBestWebsiteHosting,
- "Client": The person
or entity who is applying for hosting services
The Provider agrees to provide, and Client agrees
to receive, access to the services according to the following terms and conditions:
- Client will use the services in a manner consistent
with any and all applicable laws of the State of California and Texas, the U.S. Federal Government,
and the laws of your locale.
- Provider reserves the right, in its sole discretion,
to deactivate the Client's account(s) upon an indication of credit problems including
delinquent payments.
- THE PROVIDER SERVICE IS PROVIDED ON AN "AS IS,
AS AVAILABLE" BASIS. THE PROVIDER GIVES NO WARRANTY, EXPRESSED OR IMPLIED, FOR THE
SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY AND WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT
FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY PROVIDER OR ITS PROVIDERS BEYOND THE
FEES PAID BY CLIENT TO PROVIDER FOR SERVICES.
- Client understands that domain name registration
relies on a third party domain registration authority that Provider has no control
over. Furthermore, Provider is not liable to client for damages caused by domain
name deactivation by a third party registration authority for any reason.
- Provider is not responsible for any damages arising
from Client's use of Provider or by Client's inability to use the services for any reason.
Client understands and acknowledges the need to maintain adequate business insurance to
insure itself against any business losses and unexpected expenses resulting from use of
the service.
- While Provider shall make every reasonable effort to
protect and backup data for Client on a regular basis, Provider is not responsible for
Client's files residing on Provider. Client is solely responsible for independent backup
of data stored on Provider.
- CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR
PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT VIOLATE OR INFRINGE ANY
COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR
CONTAIN ANYTHING LIBELOUS, HARMFUL, OR HATEFUL. ANY POTENTIALLY ILLEGAL ACTIVITY MAY BE DEACTIVATED
WITHOUT WARNING BY THE PROVIDER. CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE
PROVIDER FOR ANY CLAIM RESULTING FROM THE SUBMISSION OF ILLEGAL MATERIALS.
- CLIENT HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR
PUBLICATION ON PROVIDER THROUGH CLIENT'S ACCOUNT(S) WILL NOT CONTAIN ANYTHING SUCH AS, BUT
NOT LIMITED TO, PORNOGRAPHY, OBSCENITY, NUDITY, VIOLATIONS OF PRIVACY, COMPUTER VIRUSES,
AND ANY HARASSING AND OR HARMFUL MATERIALS OR USES, WHICH ARE CONSIDERED TO BE ABUSIVE AND
UNETHICAL USES OF THE SERVICE(S). CLIENT HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS THE
PROVIDER FROM ANY CLAIM RESULTING FROM YOUR PUBLICATION OF MATERIALS OR YOUR USE OF THOSE
MATERIALS. PROVIDER MAY OR MAY NOT GIVE NOTICE BEFORE DEACTIVATING THE USE OF AN
ACCOUNT(S) WHICH THE PROVIDER DECIDES IS AN ABUSIVE OR UNETHICAL USE OF THE SERVICE(S), OR
DEEMED A VIOLATION OF THE TERMS OF SERVICE. THIS INCLUDES DOMAIN POINTERS.
- Due to the public nature of the Internet, all
information should be considered publicly accessible, and important or private information
should be treated carefully. Provider is not liable for protection or privacy of
electronic mail or other information transferred through the Internet or any other network
provider or its customers may utilize.
- Use of distribution lists via unsolicited electronic
mail or other mass electronic mailings or cross-posting to unrelated newsgroups is
strictly prohibited. The Provider reserves the right to deactivate the Client's account(s)
upon an indication of such activity. Client hereby agrees to indemnify and hold harmless
the provider from any claim resulting from the Client's or another party's use of
electronic mail service(s) on the Client's account(s) or news groups.
- Use of account(s) to provide free email services is
strictly forbidden as it is a security hole and liability.
- Only the account holder or its legal assignee is authorized
to make changes to the account.
- In the event it is necessary to refer any dispute to
an attorney or resolve it in a court of law, the prevailing party will be entitled to an
award of reasonable attorney's fees and all costs associated with any legal action,
whether or not a suit shall actually be filed.
- Provider maintains control and any ownership of any
and all IP numbers and addresses that may be assigned to Client and reserves in its sole
discretion the right to change or remove any and all IP numbers and addresses.
- Provider reserves the right to disable any user
account or site for anything deemed to be suspicious activities at the Provider's sole
discretion. This includes, but is not limited to, anything that gives indication of
hacking, spoofing, cracking, phreaking, denial of service attacks, running rogue services
on Client's account on Provider's systems, or anything that might attract or precede such
activities. Rogue services, as defined here, means any service that is not included
as a feature on Provider's advertised list of account features at the time. This
includes, but is not limited to, IRC bots, IRC clients, IRC daemons, ICQ clients, ICQ
servers, Socks proxies, or any other service running on a TCP/IP port that Provider did
not give explicit written authorization for use. Client hereby agrees to indemnify
and hold harmless the provider from any claim resulting from account deactivation or
disablement as a result of suspicious activities.
- Provider reserves the right to monitor any and all
activity, traffic, or content that Client may produce, publish, or cause. Provider
also reserves the right to turn any logs, monitoring data, or Client material over to the
proper authorities in the event legal or criminal action is to be taken by Provider or
authorities.
- Provider reserves the right to partially or wholly
disable Client's account(s) upon indication of activities that noticeably affect the
quality of service for other Clients. This includes, but is not limited to,
excessive processor time usage, excessive RAM usage, excessive open file handles, or
anything else that causes noticeable slowdown of services or causes system crashes.
Client hereby agrees to hold Provider harmless from any claim resulting from such actions
that Provider deems necessary, at its sole discretion, to restore a reasonable level of
service.
- Client hereby agrees that account termination
resulting from any breach of these terms of service will result in the nullification of
any right to a refund of any kind. Furthermore, client acknowledges that they will
be liable for any charges resulting from any server repairs required as a result of their
violation of these terms of service. The rate will be $150 per hour plus the cost of
any parts and shipping charges. Provider reserves the right to pursue in a court of
law financial compensation for other damages resulting from the violation of these terms
of service.
- Provider reserves the right to change this contract
by posting a publicly available copy at this location without specific notice to
Client. Client hereby agrees to ratify any such changes and hold Provider harmless
from any claim resulting from such changes. Client hereby acknowledges
responsibility to inform itself of any changes to this contract whether informed by
Provider of changes or not.
- CHOICE OF LAW: This Agreement shall be construed and controlled by
the laws of the State of Washington. Any dispute arising from this Agreement, including,
without limitation, a breach of this Agreement, shall be governed by the laws of the State
of Washington. You agree to submit to the jurisdiction of the courts located in Walla
Walla, Washington.
TheBestWebsiteHosting's Billing Policies -
Read Carefully
(Incorporated into the Terms of Service Contract)
1) What are the costs and when do they start?
The periodic charge varies for each type of account.
Setup of your account begins upon receipt of the first hosting period's service fee.
Orders received before 3:00 pm Pacific time are setup the same business day. Orders
received after 3:00 pm Pacific time or orders received on nonbusiness days are setup the
following business day. Your billing cycle will be based on the date we provide you with
login information. All of your future hosting fees will be based on that date.
Prices are subject to change without notice, but are
guaranteed through your paid billing period.
2) How can I pay for my account?
Accounts are paid by MasterCard, Visa,
Discover/Novus, Money Orders, or Checks drawn
on US Funds. All invoices are emailed annually at the beginning of the payment period. Invoices are sent via email the 1st
of each month. Payments are due in our offices no later than their due date regardless
of when the invoice is sent to you. When using Debit Cards, TheBestWebsiteHosting
will not be responsible for any service charges incurred by your bank for billing errors
made by us. Typical Credit Card charges can be easily reversed without any fees incurred
by you the customer. In the case of using a debit card, billing errors can lead to bank
service fees for overdrawn accounts, etc. TheBestWebsiteHosting cannot assume this
risk when you choose to use this form of payment as the normal system available to make
returns or correct billing errors is not available with debit cards, without potentially
overdrawing your account.
3) How can I upgrade/downgrade my account?
Just send us an email with UPGRADE or DOWNGRADE in the subject
line. In the body of the email simply offer us the instructions, account number,
domain name to modify, selected upgrade to.
. If the account you are upgrading or downgrading to has a setup fee, we will waive half
of the setup fee as a customer service. If you change to a hosting account that does not
include a setup fee, no downgrade or upgrade fee will be charged. Please see the
upgrade/downgrade form for fee details.
4) If I cancel my account do I get a refund and
what is the cancellation procedure?
Satisfaction is Guaranteed.
=====================================================
CANCELLATION INFORMATION
=====================================================
Please send all cancellation requests to our support department
using email support@thebestwebsitehosting.com
(telephone cancellations will not be considered)
with the following information:
A. The name on the account with us (i.e. John Doe).
B. The domain name or names you are canceling (please tell us if it is your main domain or an additional domain).
D. Your reason for canceling.
Cancellations are processed the same day we receive
them. If canceling an account that was discounted for prepayment, the account billing will
be prorated at the regular monthly price for that account, regardless of any discounts. If you would like to submit the cancellation request early to take effect at
a later date (for example, to take effect at the end of your paid term), please note this
in your cancellation request. Otherwise all cancellation requests will be processed the
same day we receive them.
If the service is canceled within the first 15 days
because we have not exceeded your expectations, the entirety of fees paid for website hosting
will be
refunded. The 15 days is counted with day 1 being the first day the account was made
available to the client. The setup fees paid for colocation services are not
refundable.
Our guarantee is to assure that we will exceed your
expectations on the product we offer or your money back. It is however NOT available
to protect you in case of violations of our terms of service, NOT understanding our terms
of service or billing policies, expecting
something that our literature clearly does NOT indicate is available, incompatibility of third party software, business hardships, business changes
or simply changing your mind because you
found a "better deal." Amounts billed for usage based fees (bandwidth, disk
space, etc.) are non-refundable.
5) What will happen if my payment is late for any
invoice? (IMPORTANT)
Payment for all regular monthly invoices are due in
our offices on the date shown on your bill. If payments are not received in our offices by
the due date, a $25 late fee will AUTOMATICALLY be assessed to your account. If payments
are not received in our offices within 15 days of their due date for your account, we reserve
the right to deactivate your account. There is a $50 reactivation fee, in addition to the
$25 late fee. If you choose not to reactivate your account you are still responsible for
the days of service you received and any outstanding balance on account including the late
fees. Not paying your bill will not constitute a cancellation and you will be
liable for any service fees incurred. For information on how to cancel, please see
item #4 directly above. Accounts not paid in full at the time of cancellation will be sent
to a collection agency.
There is a $25.00 fee for all checks returned
for nonsufficient funds (NSF).
If the customer defaults, the customer agrees to pay
TheBestWebsiteHosting its reasonable expenses, including attorney and collection
agency fees, incurred in enforcing its rights under these Terms of Service.
If the customer does a chargeback to their credit or
debit card for any amount charged for services or accounts rendered, there is a $25.00
chargeback fee for each chargeback. The account associated with the chargeback will be
canceled for nonpayment and sent to collections.
For this reason, TheBestWebsiteHosting
highly recommends that you consider automatic credit card billing to avoid late fees and
deactivation; or placing a month's deposit on account with us so that your account is
always current
Customer Referral Program
Existing customers will receive a one
time credit as shown below to their account for referring new customers to TheBestWebsiteHosting
In order for the existing customer to receive the appropriate credit to
their account, the new customer must include the existing customer's name on the order
form in the "How did you hear about us?" field. Orders placed without this
information will not be considered "referred" and therefore no credit will be
given to any account. These credits may not be retroactively applied to accounts ordered
without this information. The referring customer must have an open account with
TheBestWebsiteHosting The referring credit may only be applied to the referring
customer's webhosting account and may not be applied to a credit card, or reimbursed in
the form of a check or any other form of reimbursement. Credits applied will be applied 31
days after the new account becomes active.
| Professional Grade
hosting accounts (Standard, Economy Pro, Pro, Bridge, Economy Ultra, Ultra) |
$10.00 |
| Co-location |
$50.00 |
Privacy
and Information Security Policy
We request and use information
provided by the customer on order forms to process the initial order and subsequent
billings for services we provide.
Your information will not be
sold, rented, leased, or given to third parties except in the event that a specific
service, product line, or the company as a whole is bought by a third party. You
will be given notification of any such actions.
From time to time, you may
receive communication from us regarding important notices, specials we're running, or to
request your feedback.
During transmission, any
payment data is transmitted in encrypted form and passed through controlled systems to our
billing system.
Your information is stored on
non-public computers and is protected through firewalling and controlled employee access
to systems that contain your information.
We reserve the right to amend
this policy as needed.
For any questions or comments
regarding this policy, please email
billing@thebestwebsitehosting.com
or call: 1.866.566.6061.
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