World's Best Hosting Service Agreement
This Service Agreement governs customer's purchase and use, in any manner, of all services, including Web Site Hosting, as described in the Order Form, ordered by Customer and accepted by (WorldsBestHosting.com) and describes the terms and conditions that apply to such purchase and use of the Services. WorldsBestHosting.com reserves the right to change or modify any of the terms and conditions contained in this Agreement, the Addendum 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 modification will be effective upon posting of the revisions on our site.
WorldsBestHosting.com may post changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following WorldsBestHosting.com posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY (WorldsBestHosting.com) OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANNER DESCRIBED BELOW.
1. This Agreement shall be for all services -- including Web Site and Reseller Hosting. Customer agrees to all terms and conditions of services provided by WorldsBestHosting.com, beginning upon receipt by fax, e-mail, or express mail.
2. All charges for Services (including installation and professional support fees) are non-refundable and must be paid in advance according to the then current price applicable to the Services. Upon registration for Web Site and Reseller hosting, customer must choose to pay for the Services either by mailed in check or money order, or by the PayPal service, upon your receipt of an invoice. WorldsBestHosting.com may also send periodic invoices to customer for any applicable Supplemental Charges associated with your use of the Services. Customer agrees to pay WorldsBestHosting.com the amount indicated in each invoice by the due date reflected on the invoice. The billing cycle begins the same day the customer signs up for service from WorldsBestHosting.com, since setting up their account is almost instant. The customers billing cycle ends one calendar month after the day it started. Payments are due by the start of the billing cycle. If customer fails to pay all fees due on their account within fifteen (15) days from applicable due date for credit card or invoice payments, a late payment fee of 10% per month or $15 (which ever is higher) become payable by the customer to WorldsBestHosting.com. In addition, customer's failure to fully pay all fees within fifteen (15) days after the applicable due date (thirty days from when the payment is due) will be deemed a material breach of this Agreement, justifying WorldsBestHosting.com suspension of its performance of the Services and/or termination of this Agreement. Customer is responsible for any fees associated with reinstated of Services (such as sign up fees). Any such termination would not relieve customer from paying past due fees plus interest of 5%. In the event of collection enforcement, customer will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.
3. 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 WorldsBestHosting.com with notice of termination either (a) at least five (5) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable.
4. Initial payment is due upon activation of account. Activation takes effect on the date of receipt of payment, and will be renewed automatically for identical successive periods. Any changes made to the customer's package shall be billed accordingly.
5. All orders are subject to acceptance by WorldsBestHosting.com. An order will be deemed accepted by our company when confirmation of the order is sent to the customer. We may refuse to accept any order, or delay acceptance awaiting completion of conditions the company may choose to exercise (such as a phone call to avoid fraud). Such refusal of such conditions may not be unreasonable, however, and WorldsBestHosting.com agrees to provide the customer with reasonable notice by E-mail or fax of any intent to delay or decline the acceptance of any order.
6. WorldsBestHosting.com reserves the right to suspend the customer's account and services without notice should there be any problems with the customers method of payment.
7. Bandwidth utilization is monitored and reported by the following method: Total In data + Total Out data = Total Data Transferred (measured in MB).
8. WorldsBestHosting.com reserve the right to levy a penalty fee of $50.00 per violation of the Acceptable Use Policy and Service Agreement.
II. Material & Products
WorldsBestHosting.com will exercise no control whatsoever over the content of the information passing through the network or on the customer's web sites. WorldsBestHosting.com makes no warranties or guarantees of any kind, whether expressed or implied for the service it is providing. WorldsBestHosting.com also disclaims any warranty of merchantability or fitness for particular purpose and will not be responsible for any damages that may be suffered by the customer, including loss of data resulting from delays, non-deliveries or service interruptions or gaps by any cause or errors or omissions of the customer. WorldsBestHosting.com is not responsible for any loss, erasure, or corruption of customer's data or files whatsoever. To ensure integrity of the server data, WorldsBestHosting.com performs nightly backups of customers website configuration, but ultimately it is the customers responsibility to perform their own backups of any critical data, in cases of hardware failure. In case of hardware failure, if the customer has not purchased a data backup package, WorldsBestHosting.com is only required to provide the customer with a blank website account. If a customer has purchased a data backup package, WorldsBestHosting will perform a full restore of the customers account if needed. Customers can create their own Full Site backups at any time through their cPanel account for no extra charge. Use of any information obtained by way of WorldsBestHosting.com is at the customer's own risk, and the company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Network connectivity represents the speed of connection to the network through the data center and does not represent guarantees of available end to end bandwidth.
WorldsBestHosting.com expressly limits its damages to the customer for any non-accessibility time or other down time to the pro-rate monthly charge during the system unavailability. WorldsBestHosting.com specifically denies any responsibilities for any damages arising from a consequence of such unavailability. In the event that this material is not "server-ready", WorldsBestHosting.com may, at its option and at any time, reject this material, including but not limited to after it has been put on our servers. WorldsBestHosting.com agrees to notify customer immediately of our refusal of the material and afford customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of the company. If the customer fails to modify the material, as directed by WorldsBestHosting.com, within a reasonable period of time, which shall be determined between the parties themselves, the Agreement shall be terminated.
Virus scanning, spam detection, and a firewall are installed on WorldsBestHosting.com computer systems. All inbound and outbound e-mail will be scanned for viruses, all e-mail that passes the virus scanner will next be scanned for spam before being delivered to a customers inbox. The firewall that is installed on the computer system is used to protect against attacks, and is configured to automatically lockout any IP that tries multiple attempts (Brute Force Attack) to gain access to the system.
III. Uptime Guarantee
WorldsBestHosting.com guarantees that access to the data center, through the network will be available 100% of the time during any given month (not more than 45 minutes of interruption of service) of the time in a given month excluding scheduled maintenance. In the event that our network is inaccessible for more than one hour during any thirty (30) day period, each customer will automatically be granted an additional 10GB of data transfer free of charge for the following month as compensation for the aforementioned downtime. Network uptime includes functioning of all network infrastructure including routers, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data to and from the data center's internet backbone routers, and WorldsBestHosting.com records such failure in the WorldsBestHosting.com trouble ticket system. Network downtime is measured from the time the trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data. Hardware failure, server maintenance (such as installing/upgrading software) does occur during the normal operation of WorldsBestHosting.com web hosting services. These system downtimes are preventive maintenance to enhance the web hosting experience for all customers, and to safeguard the security of the server. Hardware failure happens periodically due to unknown causes. During these times of failure, WorldsBestHosting.com will add additional days of service proportionally to the amount of downtime incurred.
IV. Warranties & Representations
Customer warrants, represents, and covenants to WorldsBestHosting.com that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorizations necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
V. Trademarks & Copyrights
Customer warrants that it has the right to use the applicable trademarks, if any. WorldsBestHosting.com may request the right to use such trademarks in connection with our service. Customer will review such a request promptly, and not unreasonably withhold such permission.
This Agreement may be terminated by WorldsBestHosting.com, without cause, by giving the other party five (5) days notice via e-mail or fax. In such event, the company will be required to pay to the other party an amount equal to the unused and prorated portion of service excluding any setup charges. Notwithstanding the above, WorldsBestHosting.com may terminate the service under this Agreement at any time, without penalty, if the customer fails to comply with the terms of this Agreement. It is the customer's responsibility to point your domain to another service provider upon termination, cancellation or discontinuation of service.
VII. Limited Liability
1. Customer expressly agrees that use of WorldsBestHosting.com Servers is at customer's sole risk. Neither the company, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that WorldsBestHosting.com service will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of the Server service or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this Agreement. Customer also acknowledge and accept that any damages will be limited to no more than 100% of the current month's invoice.
2. Under no circumstances, including negligence, shall WorldsBestHosting.com , its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to WorldsBestHosting.com records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all contents on all servers.
Customer agrees that it shall defend, indemnify, save and hold WorldsBestHosting.com harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees, ("Liabilities") asserted against the company, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by the customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless WorldsBestHosting.com against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which customer sold on WorldsBestHosting.com servers.
IX. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. WorldsBestHosting.com and Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
The parties shall try to resolve all disputes that might arise out of this agreement in a spirit of cooperation without formal procedures. Any dispute which cannot be so resolved (other than the collection of money due on unpaid invoices) and other than the injunctive relief referred to in paragraph 9 shall be subject to arbitration upon written demand of either party. Arbitration shall take place in
Each party shall have the right to have the proceedings transcribed. The arbitrators will not have the authority to award punitive damages or any other form of relief not contemplated in the contract. The majority of arbitrators shall render a written opinion setting forth the basis on which they arrived at the decision regarding each issue submitted to arbitration; the dissenting arbitrator, if any, shall not issue a dissenting opinion. Regarding each issue submitted to arbitration, the decision will be final and binding only to the extent it is accompanied by a written explanation of the basis upon which it was arrived at. Judgment upon the award, if any, rendered by the arbitrators may be entered in any court having jurisdiction.
Should any legal action permissible under this agreement be taken to enforce the conditions and terms of this agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable legal fees and expenses incurred at the trial and appellate levels.
Customer acknowledges that by reason of their relationship, both customer and WorldsBestHosting.com may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both WorldsBestHosting.com and customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
Customer and WorldsBestHosting.com further agree that it will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the customer or WorldsBestHosting.com.
Except with respect to service of process as set forth in paragraph, all notices may be sent by e-mail, fax, or express mail to the e-mail address, fax number, or address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained by the customer.
World's Best Hosting Acceptable Use Policy
The purpose of this Acceptable Use Policy is to enhance the quality of the Services and to protect World's Best Hosting Customers, and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to each Customer and its employees, agents, contractors or other users of such Customer who obtain Services from World's Best Hosting (WorldsBestHosting.com). Each User should use common sense and good judgment in connection with the Services offered.
I) Prohibited Uses:
A. Utilize the Services to send mass unsolicited e-mail to third parties.
B. Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
C. Utilize the Services in connection with any tortuous or actionable activity. Without limiting the general application of this rule, Users may not:
D. Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
WorldsBestHosting.com expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. WorldsBestHosting.com has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site. WorldsBestHosting.com reserve the right to levy a penalty fee of $50.00 per violation of the Acceptable Use Policy and Service Agreement.
A. Reporting Non-Copyright Violations. WorldsBestHosting.com encourages Users to report violations of this policy by e-mail to: abuse@WorldsBestHosting.com, including in any such report the name of the offending domain and the type of abuse (i.e. spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
B. Reporting Copyright Violations. WorldsBestHosting.com complies with the Digital Millennium Copyright Act of 1998 ("DMCA"). WorldsBestHosting.com encourages Users to report an alleged copyright infringement involving a user by sending a notice to: abuse@WorldsBestHosting.com
C. If WorldsBestHosting.com learns of a violation of this Policy, we will respond to the customer and may, in our sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
III) Reservation of Rights:
WorldsBestHosting.com reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving WorldsBestHosting.com Services, Customers and other Users. WorldsBestHosting.com reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations.