Wednesday 10th of March 2010

By submitting the online order form, or by using WeHostAndDesign.com's service, Customer hereby agrees to WeHostAndDesign.com's Terms of Service (TOS), Acceptable Use Policy (AUP), No Spam Policy (NSP), and Privacy Policy.

Unless otherwise specified, in this TOS, the AUP, the NSP, and the Privacy Policy, the usage of "us", "we", "our", and "ours" shall refer to WeHostAndDesign.com, and all its parents, subsidiaries, successors, and assigns. The usage of "you", "your", "they", and "them" shall refer to the Customer of WeHostAndDesign.com, Inc.

Moreover, in this TOS, the AUP, the NSP, and the Privacy Policy, "WeHostAndDesign.com" shall refer to WeHostAndDesign.com, and all its parents, subsidiaries, successors, and assigns; unless otherwise specified, "WeHostAndDesign.com" shall have the same meaning and shall be interchangeable.

Customer agrees that it shall comply with this TOS, WeHostAndDesign.com's Acceptable Use Policy (AUP), and WeHostAndDesign.com's No-Spam Policy (NSP). Customer further agrees that it has read WeHostAndDesign.com's Privacy Policy and agrees to all the terms and conditions in the Privacy Policy. In this document, the word "Agreement," with a capital "A," refers to the TOS, the AUP, the NSP, and the Privacy Policy collectively.

1. General Terms.
   In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
   • Customer agrees to pay, in advance of each yearly service term, for hosting services to be rendered.
   • Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order WeHostAndDesign.com's service for a certain minimum period of time.
   • Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.
   • WeHostAndDesign.com is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer's failure to pay for WeHostAndDesign.com's services.
   • Customers agree to pay all taxes applicable to your account.
2. Agreement for Services.
   • WeHostAndDesign.com will provide, and Customer will purchase and pay for, the Web hosting and/or Web development services (the "Services"), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
3. Payment.
   • Establishment and provision of service is contingent upon receipt of payment from Customer to WeHostAndDesign.com.
     • Customer must pay in full for the Services before WeHostAndDesign.com begins to provide the Services to Customer. Invoices are generated 5 days before renewal and customer agree that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that WeHostAndDesign.com may apply the amount due at any time to the credit card listed on file.
     • Setup fees will be charged and are due at the time of the Customer's initial request of the Services requiring setup.
   • Payment is due on the defined yearly recurring billing date of each month. All returned checks will be charged a $50.00 service fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by WeHostAndDesign.com will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to WeHostAndDesign.com a "Processing and Collection" Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.
4. Delinquent Accounts.
   WeHostAndDesign.com may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which WeHostAndDesign.com may be entitled under this Agreement or under applicable law.
5. Account Cancellation.
   Customers may voluntarily cancel their account at any time, for any reason or for no reason, by contacting WeHostAndDesign.com's Sales Department at whadsales@WeHostAndDesign.com.
   Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.
   Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that WeHostAndDesign.com does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.
6. Refunds and Disputes.
   All payments to WeHostAndDesign.com are nonrefundable. This includes any setup fees and yearly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in WeHostAndDesign.com's sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
   
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. WeHostAndDesign.com reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
   • the Acceptable Use Policy, or
   • the No-Spam Policy.
9. Backups.
   • In order to allow us to provide the best service to you, WeHostAndDesign.com accounts are backed up daily and weekly. However, these backups are intended for WeHostAndDesign.com's administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, WeHostAndDesign.com always seeks to create complete and accurate backups of customer accounts.
   • Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, WeHostAndDesign.com DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
   • Customers are responsible for maintaining their own backups on their own personal computers or other computers.
   • WeHostAndDesign.com does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that WeHostAndDesign.com's backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of WeHostAndDesign.com or any of its employees or agents, and regardless of whether WeHostAndDesign.com had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
   • In the event that you need to recover data from a backup, WeHostAndDesign.com will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, WEHOSTANDDESIGN.COM DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
   • You understand and agree that WeHostAndDesign.com's backup policy does not create any warranties for whose breach WeHostAndDesign.com can be held liable.
10. Customer agrees to defend, indemnify, and hold harmless WeHostAndDesign.com, and the parents, subsidiaries, successors, assigns, employees and agents of WeHostAndDesign.com against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys' fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
11. WEHOSTANDDESIGN.COM SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
    
    • ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF WEHOSTANDDESIGN.COM'S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
    • ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
12. WEHOSTANDDESIGN.COM PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WEHOSTANDDESIGN.COM DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND WEHOSTANDDESIGN.COM SHALL HAVE NO LIABILITY THEREFOR.
13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WEHOSTANDDESIGN.COM DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
14. WEHOSTANDDESIGN.COM DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
15. No Waiver of Rights by WeHostAndDesign.com.
    Any failure by WeHostAndDesign.com to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of WeHostAndDesign.com's rights.
16. Notices.
    • From WeHostAndDesign.com to Customer.
      WeHostAndDesign.com will notify you by e-mail of any notices that WeHostAndDesign.com is required to provide to you under this Agreement, at the most current e-mail address you have provided to WeHostAndDesign.com.
      By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that WeHostAndDesign.com has your most current e-mail address, and WeHostAndDesign.com shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that WeHostAndDesign.com sends to the most current e-mail address you have provided to WeHostAndDesign.com.
    • From Customer to WeHostAndDesign.com.
      Unless otherwise specified in this Agreement, notices to WeHostAndDesign.com shall be sent to the following address:
      
      
17. Currency.
    All monetary amounts to which this Agreement refers shall be in United States dollars.
18. Entire Agreement.
    This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and WeHostAndDesign.com, and supersedes any prior or previous agreements between you and WeHostAndDesign.com with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which WeHostAndDesign.com notifies you from time to time, pursuant to this Agreement.
19. No Oral Modification of this Agreement.
    This Agreement may not be modified orally.
20. Assignment.
    • Customer shall not assign or attempt to assign its obligations under this Agreement without WeHostAndDesign.com's prior and express written consent to such assignment.
    • WeHostAndDesign.com may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
21. Consent to Jurisdiction; Venue.
    Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined WeHostAndDesign.com.
22. Force Majeure.
    WeHostAndDesign.com shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of WeHostAndDesign.com.
23. Severability of Terms of this Agreement.
    In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
24. Limitation of Actions Arising Under this Agreement.
    Any cause of action you may have with respect to WeHostAndDesign.com's performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
25. Denial of Service
    WeHostAndDesign.com reserves the right to refuse or discontinue service to anyone at our sole discretion.
26. Abuse of WeHostAndDesign.com Staff or Support Personnel.
    • At WeHostAndDesign.com, we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.
    • If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days' notice to find a new Web host. We will issue a refund only for the unused portion of pre-paid service.
    • Abusive conduct includes, but is not limited to, the following behaviors:
      • Deliberately providing false information to our staff for the purpose of harassing them or wasting their time;
      • Deliberately using all capital (uppercase) letters in any written communication to our staff;
      • Repeatedly addressing members of our staff in a demeaning or rude manner;
      • Yelling or shouting at our staff;
      • Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status;
      • Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication.

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