Webolution LLCs Terms of Service Agreement
DEFINITIONS
"Webolution
LLC", "we", "our" and "us" shall reference Webolution LLC, its successors
and/or assigns."Customer", "you" and
"your" shall refer to an authorized Customer.
"Services" means those services described in the section called service
description.
SERVICE PROVIDED
As
an Internet web hosting service provider, Webolution LLC provides Internet web
hosting and associated services and maintains dedicated server computers, other
equipment and software, which are integrated with the Internet. These servers
send and receive data and information in relationship to the Internet.
Customers wish to utilize the hardware and software resources of Webolution LLC
to establish an Internet web presence using Webolution LLC's web hosting
services and network.
Customer shall be solely
responsible for obtaining or providing, at Customer's sole expense, all
telephone and/or cable access lines, telephone and computer equipment, including
connection equipment and modems and any other hardware or software necessary to
access the Service. Additionally,
Customer shall be responsible for all telephone and/or cable charges for
connection to the Service.
CONDITIONS
The Customer's application
and this Agreement constitute a legal and binding contract between Webolution
LLC and the Customer and does not extend to any other person or entity. You
hereby certify to us that you are at least eighteen (18) years of age.
If you are a business, you further certify to
us that you are a legitimate business entity.
You must
accept the terms of this Agreement in
order to
use the Services.
NOTWITHSTANDING, BY USING THE
SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE
USE POLICIES INCORPORATED BY REFERENCE.
Webolution LLC reserves the
right to change or modify any of the terms and conditions contained in this
Agreement, any Addendums and any policy or guideline incorporated by reference
at any time and from time to time in its sole discretion, and to determine
whether and when any such changes apply to both existing or future customers.
Any changes or modification will be effective upon posting of the revisions on
the Webolution LLC Web site (the "Site"). Your continued use of
Services following Webolution LLC's posting of any changes or modifications
will constitute your acceptance of such changes or modifications.
Term
This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site or at the time you register for the Services by telephone. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide Webolution LLC with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term. You must provide Webolution LLC with your notice of termination by submitting our Account Cancellation Form located on this Site or sending Webolution LLC a typed or written signed letter. Webolution LLC will not deactivate a web hosting account without a completed cancellation form or signed letter. The customer is liable for all services rendered and billed up until the time that the account is cancelled. Any notice of termination will be effective following thirty (30) days after Webolution LLC's receipt thereof.
Termination Policy
If you terminate your
receipt of the Services prior to the end of the Initial Term or the Renewal
Term, whichever is then applicable, (a) Webolution LLC will not refund to you any
fees paid in advance of such termination and (b) you shall be required to pay
100% of Webolution LLC's standard monthly charge for each month remaining in
the term, unless otherwise expressly provided in this Agreement.
Notwithstanding the foregoing, if you terminate your receipt of Shared Hosting
Services prior to the end of the first thirty (30) days of the Initial Term,
you are entitled to a refund of the fees you paid in advance for the monthly
Services, not including any set-up fees. Your termination request or notice
must be submitted to Webolution LLC in the manner described in Section
"term." Webolution LLC may terminate this Agreement at any time and for any
reason by providing to you written notice thirty (30) days prior to the date of
termination. If Webolution LLC terminates this Agreement, Webolution LLC will
refund to you the pro-rata portion of pre-paid fees attributable to Services
(excluding set-up fees) not yet rendered as of the termination date unless
otherwise expressly provided in this Agreement.
Default and Cure
In the event that either
party hereto defaults in the performance of any of its material duties or
obligations under this Agreement, including failure to make any payments due
under this Agreement, and such default is not cured within five (5) days after
written notice is given to the defaulting party specifying the default, then
the party not in default, after given written notice thereof to the defaulting
party, may terminate this Agreement.
Charges
You agree to pay for all charges attributable to your use of the Services at the then current Webolution LLC prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Webolution LLC's net income.
Payment
All charges for Services
must be paid in advance according to the then current prices applicable to the
Services. Upon entering this Agreement, you must choose to pay either by direct
charge to a credit or debit card, or receive an invoice and submit subsequent
payment. If you choose to pay by credit or debit card upon registering for the
Services, you thereby authorize Webolution LLC to charge your credit or debit
card to pay for any charges that may apply to your account. You agree that
Webolution LLC may accumulate any supplemental charges, incurred by you in your
use of the Services ("Supplemental Charges") until such charges exceed
$20 and then charge your account. You must notify Webolution LLC of any changes
to your card account (including, without limitation, applicable account number
or cancellation or expiration of the account), your billing address, or any
information that may prohibit Webolution LLC from charging your account. If you
choose to be invoiced upon registration for Services, Webolution LLC will
invoice you for the Services applicable to the period for which you have
registered for the Services. Webolution LLC may also create periodic invoices
for any applicable Supplemental Charges associated with your use of the
Services. Webolution LLC will send you a statement reflecting the accumulated
invoices. You agree to pay to Webolution LLC the amount indicated in each invoice
by the due date reflected on that invoice. If you fail to pay any fees and
taxes by the applicable due date for credit card or invoice payments, late
charges of the lesser of one and one-half per cent (1.5%) per month or the
maximum allowable under applicable law but at no time less than $15 shall also
become payable by you to Webolution LLC. In addition, your failure to fully pay
any fees and taxes within five (5) days after the applicable due date will be
deemed a material breach of this Agreement, and Webolution LLC may, in addition
to any other remedy it may have: (i) suspend its performance of the Services
and/or terminate this Agreement; and/or (ii) take possession and ownership of
any of your property (including any and all intellectual property) in
Webolution LLC's possession at the time of such non-payment and liquidate such
property in any reasonable manner in partial or full satisfaction of any unpaid
amounts. You agree to sign any documents to facilitate such a transfer of your
property and, in the event that Webolution LLC is unable for any reason to
secure your signature to any document required for such transfer, you hereby
irrevocably designate and appoint Webolution LLC and its authorized officers
and agents as your agent and attorney-in-fact to act on your behalf to execute
such documents. Any such suspension or termination of the Services would not
relieve you from paying past due fees plus interest. In the event of collection
enforcement, you will be liable for any costs associated with such collection,
including, without limitation, reasonable attorneys' fees, court costs and
collection agency fees. All charges are considered valid unless disputed in
writing with sixty (60) days of the billing date. A US$30.00 service fee will
apply to all bounced checks. A US$30.00
service fee will apply to all credit card charge backs.
Adjustments will not be made for charges that are over 60 days old. Delinquent
accounts may be suspended or cancelled at Webolution LLC's sole discretion;
however charges will continue to accrue until the account is cancelled.
Version 1.1
Adopted on 8 December 2003