Terms & Conditions
This agreement is between WebCentrix, Inc. (hereinafter referred to as PROVIDER), and the on-line individual or entity who is applying for Internet-related Services, (hereinafter referred to as CLIENT). CLIENT agrees to an on-line, paperless subscription service, which will be billed on a recurring basis until the service is explicitly cancelled by either CLIENT or PROVIDER. CLIENT acknowledges that all information provided by CLIENT is true and correct to the best of CLIENT's knowledge. CLIENT agrees that the act of submitting an online application form constitutes acceptance of all terms and conditions associated with the services applied for and that the act of online submission shall be in lieu of written signature.
- CLIENT will use PROVIDER's services in a manner consistent with all applicable local, state, and federal regulations and laws.
- CLIENT agrees to pay and authorizes PROVIDER to charge all fees due using the payment information provided by CLIENT at the time of application.
- PROVIDER will not be responsible for any damages suffered by CLIENT. PROVIDER'S service is provided on an "as is, as available" basis.
- PROVIDER gives no warranty, expressed or implied, for the PROVIDER's services, including without limitation, any warranty of merchantability or warranty of fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by PROVIDER and its employees. Any damages incurred by CLIENT due to disruption of service by PROVIDER or its providers shall be expressly limited to the fees paid by CLIENT to PROVIDER for services and shall under no circumstances include reimbursement for losses of income or other consequential damages claimed by CLIENT.
- CLIENT agrees that it shall defend, indemnify, save and hold PROVIDER harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against PROVIDER, 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, it's agents, employees or assigns.
- CLIENT agrees to defend, indemnify and hold PROVIDER harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with a PROVIDER server; (2) any material supplied by CLIENT infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.
- PROVIDER expects that its CLIENTS will fully comply with all applicable laws. A customer's failure to comply with those laws will violate this policy. Finally, PROVIDER wishes to emphasize that in accepting services, CLIENTS indemnify PROVIDER for the violation of any law or PROVIDER policy that results in loss to PROVIDER or the bringing of any claim against PROVIDER. This means, among other things, that if PROVIDER is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against PROVIDER plus costs and reasonable attorneys' fees.
- Effective use of PROVIDER's services presumes a certain degree of knowledge and skill on the part of the CLIENT. For example, it is presumed that CLIENT possesses at least a rudimentary knowledge of Internet-related processes and software applications such as e-mail, FTP, and web-browsing. Creating and publishing a web site on PROVIDER's servers will require some knowledge of either HTML programming or the use of HTML editors. Certain advanced applications may require a certain level of competence with 3rd party or open source programming applications. In lieu of already-established knowledge and skill levels, patience, a desire and ability to learn, and perhaps a little courage will be required.
- PROVIDER will not be held responsible for CLIENT's inability to use PROVIDER's services due to CLIENT's lack of the requisite knowledge and skills.
DOMAIN NAME REGISTRATION
- Domain name registration is a separate and independent service from domain and web hosting.
CLIENT accepts sole responsibility for monitoring and maintaining the status of CLIENT's domain name registrations, as well as payment of all applicable domain name registration and renewal fees.
- PROVIDER does not monitor the registration status of domain names hosted on PROVIDER's servers.
- PROVIDER's services are independent of account usage and domain name records, and remain in effect (and billable) regardless of the status of CLIENT's domain name record.
- PROVIDER will provide reasonable assistance to CLIENT in the area of domain name registration and modification. Reasonable assistance may include submission of registration or modification requests to appropriate domain name registration agencies and/or supplying CLIENT with the necessary information to effect registration or modification of CLIENT domain.
- PROVIDER relies on e-mail as the primary means of:
Any notifications will be e-mailed to CLIENT domain's primary e-mail address and/or to the contact e-mail address provided by CLIENT upon application for services.
- delivering CLIENTs hosting invoices,
- notifying CLIENTs of important system news,
- problems with CLIENTs' accounts or usage of those accounts,
- billing problems, etc.
- CLIENT agrees to monitor these e-mail addresses on a regular basis and to respond promptly, if required, to any notifications.
- CLIENT agrees to notify PROVIDER of any changes to CLIENT's physical or e-mail address, telephone numbers, etc.
PAYMENT TERMS AND CONDITIONS
- All hosting invoices must be paid in full before the beginning of the hosting period specified on the invoice.
- All other invoices for incidental services must be paid within 30 days of the invoice date. Examples of incidental services may include but are not limited to: technical support time, software upgrades and licenses, SSL certificates, extra bandwidth allocations.
INTERRUPTION OF SERVICES
- Hosting services will be restricted if a hosting invoice is not paid in full before the start of the hosting period indicated on the invoice.
- Hosting services will be suspended if a hosting invoice is not paid in full by the 15th day of the unpaid hosting period.
RESTORATION OF SERVICES
- Hosting services that have been restricted will be restored upon receipt of payment for the current hosting period AND and any outstanding invoices for incidental services.
- Hosting services that have been suspended will be restored upon receipt of payment for the current hosting period and prepayment of the next hosting period and a restoration fee equal to the current setup fee for the hosting account level.
- These policies may change with or without notice.
- CLIENT agrees to comply with these policies in their current and future state.
- CLIENT agrees to periodically review published policies to ensure understanding of and compliance with current policies.
REFUSAL OF SERVICE
PROVIDER reserves the right to refuse or cancel service at PROVIDER's sole discretion, with or without reason, with or without warning.
CLIENT expressly understands, acknowledges, and agrees that in submitting an application and paying for any and all services to be rendered by PROVIDER, CLIENT shall abide by all Terms and Conditions stated herein.
CLIENT agrees to submit to the jurisdiction of the applicable municipal, county, state or federal court of PROVIDER's physical residence for any litigation, mediation, or arbitration which may arise from any dispute concerning any of the provisions herein. Controlling law shall be that of the State of PROVIDER's residence. The prevailing party in any litigation hereunder shall be entitled to recover its reasonable attorney's fees and court costs.
Please also see the Acceptable Use Policy
If you have any questions or comments, please do not hesitate to contact us