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Webhostforasp.net Terms & Conditions
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This Services Agreement (the "Agreement") contains the complete terms and conditions
which govern your subscription of Web hosting, Dedicated Servers, e-commerce, Domain
Registrations, Colocation and other Internet-related services provided by WebHostForASP.NET
(the "Services"). As used in this Agreement, "WebHostForASP.NET" means WebHostForASP.NET
and "Client", "you", or "your" means you. By clicking on the "Submit Order" button,
you acknowledge that you have read the Agreement, and you agree to its terms and
conditions and all policies posted on the WebHostForASP.NET Network site. As referred
to in this Agreement, "Site" refers to a World Wide Web site and "WebHostForASP.NET
Site" refers to the Site located at the URL http://www.webhostforasp.net or any
other successor Sites owned or maintained by WebHostForASP.net.
In addition to the following, the Acceptable Use Policies provide more detailed
information regarding what is acceptable use of our products and services.
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Appropriate Use of the Services
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WebHostForASP.net provides the Services exclusively and makes no effort to edit,
control, monitor or restrict the content of data other than as necessary to provide
such services.
- Client Content
Client agrees that it will not distribute, electronically transmit or display any
materials supplied by Client - or through Client by a third party - to any WebHostForASP.net
server in connection with Client’s use of the Services which:
- violate any state, federal or foreign laws or regulations;
- infringe on any intellectual property rights (e.g. copyright, trademark, patent
or other proprietary rights) of WebHostForASP.net or any third party;
- are defamatory, slanderous or trade libelous;
- are threatening or harassing;
- are discriminatory based on gender, race, age or promotes hate violate any WebHostForASP.NET
policy posted on the WebHostForASP.NET site including but not limited to those listed
in our Terms of Service (TOS).
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contain viruses or other computer programming defects which result in damage to
WebHostForASP.NET or any third party.
- Bandwidth
Virtual Private Server (VPS), Dedicated and Colocation Accounts are limited only
to port speed. Default port setting is 10 Meg. Additional fees, specified in the
account plan will be charged for exceeding the network bandwidth allowance of your
selected plan/server.
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Technical Support Boundaries
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webhostforasp provides a 24x7x365 technical support for YOU that encompasses within
our area of expertise only. Such expertise includes assistance, troubleshooting,
and debugging of our control panel interface, servers within our immediate responsibility
and any other hosting related issues.
However, in under no circumstances is webhostforasp neither obligated to help YOU
in the installations of new application modules, templates and/or programming languages,
nor in providing assistance for any errors produced by any applications that have
been modified by YOU previously. We will only provide assistance in making sure
any EasyApps applications that are installed through the control panel interface
are installed as directed.
webhostforasp also do not provide any third party technical support assistance for
any Resellers' immediate customers. Customers of the Reseller should contact the
Reseller directly.
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Licensed Software Only
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Client agrees to use only properly licensed third party software in connection with
Client’s use of the services.
- Back-up Files and Processing
Virtual/Shared Hosting Clients will have the ability to reinstate files which are
automatically archived by WebHostForASP.NET upon request for a minimal fee; however,
WebHostForASP.NET does not guarantee the existence, accuracy, or regularity of its
backup services, and therefore, Client is responsible for making back-up files in
connection with its use of the services. The accuracy and quality of backup processes
provided by 3rd party software, such as the individual 3rd party ControlPanels,
is not guaranteed by WebHostForASP.NET.
- Termination
WebHostForASP.NET reserves the right to refuse service to anyone. WebHostForASP.NET,
in its sole discretion, may immediately terminate this Agreement if Client engages
in any of the foregoing. To report any unacceptable behavior by a third party using
the services, please contact abuse@webhostforasp.net
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Payment Obligations
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- Service Fees
By the First of each month, WebHostForASP.NET shall either (i) debit Client’s credit
card (where such information is provided by Client) or (ii) deliver by e-mail an
invoice to Client in accordance with the applicable Services fees for services rendered
for the current month. Where an invoice is delivered to Client, Client shall remit
payment to WebHostForASP.NET by no later than 7 days after the specified payment
due date. WebHostForASP.NET shall be entitled to immediately terminate this Agreement
for Client’s failure to make timely payments to WebHostForASP.NET. Certain services
carry a set-up fee charged by WebHostForASP.NET to Client that must be paid by Client
in order to have use of the Services. If Client terminates this Agreement,Client
shall be responsible for any outstanding fees owed to WebHostForASP.NET and agrees
to pay any and all fees incurred by Client. Because the Services are provided on
a monthly basis, unless a contract is in place, Client will be responsible for Service
fees incurred each month regardless of when Client provides notice of termination.
Thus, for example, if Client provides notice to terminate on the 15th of a particular
month, Client will still owe fees for the entire month and such fees will not be
pro-rated or refunded. If Client has retained the Services for one (1) year and
has pre-paid WebHostForASP.NET for such Services, only 70% refunds will be issued
for any unused full month month portions less one month of the Services upon Clients
request. Therefore, if Client’s account is canceled at any point during the one
(1) year term, Client will be entitled to a refund for all but one of the full months
remaining after notice given by the 25th of the preceding month.
- Late Payments
Any payment not received within twenty (20) days of the invoice date, will be assessed
a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed
by applicable law, whichever is lower, with minimum of a USD $5.00 fee. Customer
also shall pay to WebHostForASP.NET all expenses incurred by WebHostForASP.NET in
exercising any of its rights under this Agreement or applicable law with respect
to a Payment Default or other breach by Customer, including, but not limited to,
reasonable attorneys’ fees and the fees of any collection agency retained by WebHostForASP.NET.
Late Fees will continue to accrue as long as there is an outstanding balance.
- Returned Item Fee
Accounts with returned checks and/or e-checks will be assessed a USD $15.00 returned
item fee.
- Taxes
Customer will be responsible for and will pay in full, any taxes and similar fees
now in force or enacted in the future imposed on the transaction and/or the delivery
of Services.
- Domain Names
If Client chooses to register a domain name(s) through WebHostForASP.NET, Client
acknowledges and agrees that Client will pay a registration fee(s) to register the
domain name(s) with the applicable domain name registrar. WebHostForASP.NET does
not offer refunds for domain name registrations for any reason, including misspelling
of the domain name.
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Client Liability and Indemnification
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The parties agree that in no event shall WebHostForASP.NET be liable to any third
party for Client’s breach or alleged breach of any of the terms and conditions set
forth in this Agreement. Client agrees to defend, indemnify and hold harmless WebHostForASP.NET
from any and all expenses, losses, liabilities, damages or third party claims resulting
from Client’s breach or alleged breach of any Client obligations set forth hereunder.
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Term, Termination & Reinstatement
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Subject to the terms and conditions hereof, this Agreement shall be effective on
the date you register for the Services, and shall continue in effect on a month-to-month
basis unless otherwise specified by separate agreement (the "Term") unless terminated
earlier pursuant to the provisions of this Section 4. Either party will have the
right to terminate this Agreement upon notice to the other party. If Client is terminating
this Agreement, Client must follow instructions for cancellation provided on the
Server Cancellation Information page. All cancellation requests must be received
by the 25th of the respective month of cancellation. Any other attempt by Client
to cancel this Agreement by written or e-mail notice shall be void. Sections 3 -
8 shall survive termination or expiration of this Agreement.
If WebHostForASP.NET suspends a virtual account for non-payment, Client shall be
allowed to re-instate Client’s use of the Services within Five (5) business days
of cancellation upon approval from WebHostForASP.NET and full payment of balances
due. A reinstatement fee of $15.00 will be applied.
If WebHostForASP.NET disconnects a Dedicated Server or Colocation server for non-payment,
the Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of
Client’s server. Once payment has been received, Client’s account will be activated
within Forty-eight (48) business hours. WebHostForASP.NET will maintain an archival
copy of Client’s data files for (5) days after WebHostForASP.NET disconnects the
server.
If a Client terminates their account, WebHostForASP.NET will disable the server/account
the day the client specifies the account is canceled. WebHostForASP.NET will not
maintain an archival copy of the Clients Web site or files. It is the responsibility
of the Client to remove any data off the server prior to the date provided in their
cancellation notice.
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Taxes
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Client will pay and indemnify and hold WebHostForASP.NET harmless from any and all
taxes associated with or arising from Client’s use of the Services, including any
penalties and interest and any costs associated with the collection or withholding
thereof.
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30 Days Money Back Guarantee
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WebHostForASP.NET offers an 30 Days money back guarantee where customers will receive
a complete refund minus Refund Charges if they cancel their services within
30 days of registration. If however the customer cancels after the 30-day period,
he or she will not receive any refund. Refunds would not be made to customers who
violate our Terms and Conditions. The following payment methods apply for this scheme:
- Credit Card: Payments made by Visa, MasterCard, AMEX and Discover
- PayPal : Any form of PayPal payment. PayPal may charge a small refund fee
The money back guarantee doesn't apply to the checks mailed to us. To get a refund
under this scheme, simply send an email to cancellation@webhostforasp.net with all
your ClientID Details before 30 days of signing up.
Notes:
Setup fee - Shared Hosting - ($10), Reseller Hosting - ($10)
Refund Charges - Shared Hosting - ($10), Reseller Hosting - ($20)
Addon fee, Setup fee, Misc Fee, Service Fee and All Others Fee - Not Refundable
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SPAM Policy
WebHostforASP.NET does not authorize the use of its proprietary computers
and computer network to accept, transmit or distribute unsolicited bulk e-mail sent
from the Internet to WebHostforASP.NET members. In addition, Internet e-mail sent,
or caused to be sent, to or through WebHostforASP.NET services that makes use of
or contains invalid or forged headers, invalid or non-existent domain names or other
means of deceptive addressing will be deemed to be counterfeit. Any attempt to send
or cause such counterfeit e-mail to be sent to or through WebHostforASP.NET services
is unauthorized. Similarly, e-mail that is relayed from any third party's mail servers
without the permission of that third party, or which employs similar techniques
to hide or obscure the source of the e-mail, is also an unauthorized use of WebHostforASP.NET
services. WebHostforASP.NET does not authorize anyone to send e-mail or cause e-mail
to be sent to the WebHostforASP.NET Network that violates WebHostforASP.NET's Terms
and Conditions or WebHostforASP.NET's Spam Policy. WebHostforASP.NET reserves the
right to take all legal and technical steps available to prevent unsolicited bulk
e-mail or other unauthorized e-mail from entering, utilizing or remaining within
WebHostforASP.NET services. Nothing in this policy is intended to grant any right
to transmit or send e-mail to, or through, WebHostforASP.NET services. WebHostforASP.NET's
failure to enforce this policy in every instance in which it might have application
does not amount to a waiver of WebHostforASP.NET's rights.
Violations of WebHostForASP.NET's Terms and Conditions, Service Usage Policy, and
Spam Policy, include but is not limited to the following: Using or causing to be
used WebHostForASP.NET's computer systems and services to facilitate the transmission
of unsolicited or unauthorized material. This includes any promotional materials,
URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized
solicitation that you may upload, post, email, transmit, or otherwise make available.
Receiving responses by any means (email, http, or otherwise) from UCE/UBE (aka spam)
sent via any other provider. Being linked to from a website advertised via UCE/UBE
(aka spam). Promotion of UCE/UBE (aka spam) services or distributing or encouraging
UCE/UBE (aka spam) services or lists of email addresses. Linking to "spamware" or
sites promoting "spamware" of any kind. Collecting or distributing email lists for
the purpose of facilitating spamming activities. Spamming WebHostForASP.NET technical
support or any other WebHostForASP.NET email addresses. Excessive cross-posting
in forums and/or newsgroups.
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Disclaimer of Warranty
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THE SERVICES, THE WebHostForASP.NET SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS
AND SERVICES DISPLAYED OR OFFERED ON THE WebHostForASP.NET SITE, AND ALL TEXT, GRAPHICS,
LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY
OF ANY KIND. WebHostForASP.NET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH
RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WebHostForASP.NET SPECIFICALLY
DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
(2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS;
AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
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Limitation of Liability
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IN NO EVENT SHALL WebHostForASP.NET BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF
DATA, PROFITS, USE OF THE WebHostForASP.NET SITE OR ANY WebHostForASP.NET PRODUCTS
OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES
IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES
PROVIDED HEREUNDER. IN NO EVENT SHALL WebHostForASP.NET CUMULATIVE LIABILITY EXCEED
AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
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