Webb Hosting Services Terms and Conditions
Revision Date: February 16, 2016
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This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by Webb Hosting Services and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Webb Hosting Services reserves the right to change or modify any of the terms and conditions contained in this Agree ment 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 and future customers. Webb Hosting Services may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Webb Hosting Services posting of any changes or modifications will constitute your acceptance of such changes or modifications.
- Payment. As consideration for Webb Hosting Services providing the Hosting Services hereunder, Customer agrees to pay Webb Hosting Services the aggregate monthly fee based on the monthly hosting services and the terms selected.
- Provision of Services. Webb Hosting Services will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees that Webb Hosting Services will host and create the Web site solely in accordance with the information provided by Customer.
- Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. “Customer Content” means all content or information (including, without limitation, any text, music, sou nd, photographs, video, graphics, data, or software), in any medium, provided by Customer to Webb Hosting Services. “Third-Party Materials” means any content, softw are, or other computer programming material that is owned by an entity other tha n Webb Hosting Services, and licensed by Webb Hosting Services or generally available to the public, including Customer, under published licensing term s, and that Webb Hosting Services will use to display or run a Web site. Webb Hosting Services owns the rights to the design of the web site. If a customer stops paying the monthly fee for the web site upon cancellation the custome r is not entitled to use the web site for any purposes whatsoever.
- Limited License to the Background Technology. “Background Technology” means computer programming/formatting cod e or operating instructions developed by or for Webb Hosting Services and used to h ost or operate the Web site or a Web server in connection with a Web site. Backgro und Technology includes, but is not limited to, any files necessary to make for ms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs t hat link multimedia and other programs, customized graphics manipulation engines, an d menu utilities, whether in database form or dynamically driven. Background Techn ology does not include any Customer Content. Customer may not duplicate or distri bute any Background Technology to any third party without the prior written cons ent of Webb Hosting Services. All rights to the Background Technology not expressly gran ted to Customer hereunder are retained by Webb Hosting Services. Without lim iting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
- Limited License to Content. Customer hereby grants to Webb Hosting Services the limited, nonexclusive right and license to copy, distrib ute, transmit, display, perform, create derivative works from, modify, and other wise use and exploit Web site, any Customer Content, or any Customer Marks provi ded to Webb Hosting Services hereunder, solely for the purpose of rendering Webb Hosting Services’ Services under this Agreement. Such limited right and lice nse shall extend to no other materials or for any other purpose and will terminate au tomatically upon termination of this Agreement for any reason. 6. Content Standards. Customer agr ees not to provide Customer Content, and Webb Hosting Services will not intentionally provide to Customers any content, that (a) infringes on any t hird party’s intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens’ rights; or (d) contains a ny viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any syst em, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. Webb Hosting Services reserves the right to refuse any other subject matter it dee ms inappropriate.
- Support. Webb Hosting Services agrees to pro vide reasonable technical support by email to Customer during Webb Hosting Services normal technical support hours. Webb Hosting Services will provide customer support by telephone if the customer purchased telephonic support time.
- Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Webb Hosting Services may terminate this Agreement after five (5) days’ written no tice to Customer if Customer materially breaches this Agreement, including, with out limitation, failure to pay, and fails to cure such breach during such five (5 day period; and (c) upon the termination of this Agreement, Customer will p ay Webb Hosting Services for all Services provided to Customer by Webb Hosting Services prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.
- Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided “as is,” and Webb Hosting Services expressly disclaims all warranties and conditions of any kin d, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular p urpose Interruption of Service: You hereby acknowledge and agree that Webb Hosting Services will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not ente red into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Webb Hosting Services to a Customer will be deemed accepted when delivered.
- Indemnity. (a) Customer Indemnity. Customer will defend Webb Hosting Services against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section. Subject to Secti on 11, Customer shall indemnify Webb Hosting Services for all losse s, damages, liabilities, and all reasonable expenses and costs incurred by Webb Hosting Services as a result of any such third-party claim, action, suit, or proceeding. (b) Webb Hosting Services Indemnity. Webb Hosting Services will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Webb Hosting Services shall indemnify Customer for all losses, damages, liabilitie s, and all reasonable expenses and costs incurred by Customer as a result of a ny such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party’s obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defens e and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party’s expense.
- Limitation of Liability. Webb Hosting Services LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO Webb Hosting Services DURING ANY TIME BEFORE THE ACTION AROSE. Webb Hosting Services SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATI ON, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF Webb Hosting Services HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEM ENT, AND ABSENT SUCH LIMITATIONS, Webb Hosting Services WOULD NOT ENTER INTO THIS AGREEMENT.