Terms of Service Updated October 13, 2007
This service agreement is between Woollybear Web and
PJI, LLC (hereinafter "Company," "we," "our," or "us")
and you, our customer (hereinafter "Customer," "you" or "your").
Company, as your web hosting service provider, will supply Customer with
a shared web hosting solution. This solution will, at the very least,
provide you with the selected amount of server or disk space to upload
your website and an allocated
amount of bandwidth transfer to allow for website connectivity. As your
web hosting provider, we will make available various services and software
for maintaining your website, as indicated on our website.
Upon paying for and using the hosting services provided by Company, Customer
indicates his/her agreement to the following terms and conditions, as
outlined below. The use and or payment for Company services constitute
an agreement with these terms and conditions. If you do not agree with
any of these policies, please contact our Support Department immediately.
Use of Company services requires Customer to be at
least 18 years old.
Company requires that Customer information, as listed on the account
signup form, is a complete and accurate representation of Customer
contact details. Customer must be a valid representative of the entity
listed on Company signup form.
This agreement supersedes any other oral agreement between Company
Any of the terms, prices or services offered can be modified or updated
with prior online or email notification.
Customer is responsible for uploading website files and/or providing
and setting up any website content. Company is not responsible for
modifying or updating website material unless prior arrangement has
Customer is responsible for the content of any postings, data or
transmissions. This responsibility is extended to any individuals
or entities given
access to the account by the customer.
While Company will assist you in any way reasonable, we are not responsible
for ensuring your domain name is transferred to our servers, unless
we are hired to transfer for you. Customer is responsible for making
necessary domain name server changes and ensuring the transfer is
Customer is responsible for updating and maintaining their contact
information with Company. Any changes to the customer contact information
made using your account Control Panel. Customer is responsible for
ensuring that Company is able to notify the customer for technical,
other issues or purposes deemed necessary by Company to maintain
Customer is responsible for bandwidth utilization, and monitoring
bandwidth use to ensure the website does not exceed the bandwidth
their account(s). Customer acknowledges that Company will use its
best efforts to email Customer when they are at or near their bandwidth
utilization limit, but that it is Customer's responsibility to ensure
a valid email
address is on file at the Company. Company does not take responsibility
for emails not received by Customer pertaining to bandwidth utilization.
Company reserves the right to refuse service to anyone in violation
of our Acceptable Use Policy (AUP) or anyone using our networks
for unlawful purposes.
Customer agrees to abide by all terms outlined in our AUP. Any
violation of those terms will result in the actions outlined in
Customer accepts liability resulting from any breach of our AUP.
Customer is responsible for making their end-users aware of all
the policies of Company and is responsible for any breach of those
end-users, as laid out in our AUP.
Accounts will not be activated or reactivated without prior payment.
All hosting fees and domain name renewal fees are due on or before the
due date of the renewing account and/or domain name.
Technical work or requested services will only be implemented once payment
for the service has been secured.
Incomplete signup information can result in an account NOT being activated.
Some accounts may be placed on hold for up to 72 hours, pending review
of information received.
We reserve the right to modify any billing prices subject to written
notice via email or through a posting on our website.
Any losses or expenses experienced by the customer, due to actions taken
by the company in response to customer non-payment, is not the responsibility
Credit Card Payments
Company has the authority to charge for services requested, pending
hosting or domain name renewals, using the credit card information
for charging on your account.
By purchasing our hosting services and selecting an annual billing
payment cycle you are agreeing to allow the Company to place your account
a recurring payment plan. Upon your receipt of our emailed Company
invoice, unless you indicate that you would like to cancel the account
the charges, the account will automatically be re-billed according
to the information contained within the invoice. (See
for details on how to cancel your account.)
Hosting invoices will be sent out 14 (fourteen) days before the payment
is due. Unless you indicate otherwise, the charges will automatically
placed on the credit card on file with the processor.
Domain renewal invoices will be sent out 30 days before the domain
is due to expire. Unless you indicate otherwise, we will automatically
the credit card we have on file two (2) weeks before the domain renewal
If you request a new service through your billing control panel, you
must enter in a credit card by following the payment link. The service
will only be set up if we are able to successfully charge the credit
card you provide.
If we are unable to charge your credit card by the due date indicated
on your invoice, your account will be suspended for non-payment and
you will not be able to access your website.
If we are unable to charge for your domain name renewal by your renewal
date, the domain will be left to expire and your account will be suspended
and you will not be able to access your website.
After 28 days a suspended account will automatically be deleted from
our system. When an account is deleted from our system, all copies
of the website files are permanently and irretrievably removed from
If an account has been suspended for non-payment, it will only be reactivated
upon payment of all overdue fees and a reactivation fee.
If we refund any fees due to any charges you dispute with your Credit
Card Company (such as a charge-back), we will suspend your account.
The suspended account will only be reactivated once all disputed/refunded
fees are resolved satisfactorily, and we receive payment for any and
all administrative fees incurred by Company resulting from your dispute
or charge-back request. If you have registered a domain name with us
and submit a charge-back, Woollybear Web will retain ownership of the
domain name(s) registered.
Once a domain name has been registered or renewed through Company, no
refunds will be given for the domain registration or renewal fee.
The Customer has full ownership rights over any domain name registered
or renewed through Company, where the domain registration fees have been
paid in full.
No domain name will be registered or renewed without prior payment of
the required fee.
If we are unable to secure payment before the domain renewal date, the
domain will expire and since it can no longer be pointed to our server,
the hosting account will be suspended.
After a predetermined period, the domain name will be released by the
Registrar Company and be made available to the general public for re-registration.
Once a domain has expired, if the registration fee is then paid, we will
put in a request with our Registrar Company to renew and reactivate the
domain name. This process is normally complete within four (4) days.
Once a domain has been renewed, if we receive a dispute of payment or
a request for a refund from your credit card company, Company will take
over the ownership of the domain name in question.
Company is not responsible for maintaining the registrant information
for domain names. The domain owner can modify all this information using
our control panel.
Company is not liable for any domain disputes that may arise over changed
registrant information for a domain name.
Company is not responsible for resolving any domain disputes. These issues
must be resolved by the parties involved, according to the legal bounds
of ICANN (Internet Corporation for Assigned Names and Numbers), the domain
name governing body. Company will not act as an arbitrator, but will
honor any decisions determined by ICANN.
Ownership of the account is determined by the individual or company
listed in our database as the person or company paying for the
is determined as being the individual or company listed as the credit
card holder on the account.
Company will only email account login information if we are able to
verify the customer's identity.
Customer may modify the email address or credit card over the phone,
provided Company can verify the status of the caller.
Company is not liable for any account disputes that may arise between
various parties holding Company account login information when the
information has been distributed by the verified account holder. Company
is not responsible
for any changes made to the account or any information that has been
modified by Customer, or any parties authorized by Customer, to access
the control panel.
We reserve the right to cancel any account for violation of our Acceptable
If you do not wish to continue hosting with Company, or do not wish to
renew your domain name, it is your responsibility to contact our Support
Department through our help desk to cancel your account or domain name.
Transferring a domain to a new hosting company does not constitute canceling
an account with Company.
All cancellation requests must be submitted using the help desk. You
will need to indicate when you would like to cancel the account and if
you are keeping the ownership of the domain name that we registered for
Should Customer fail to adequately notify Company of their intent to
cancel an account, and the account is automatically charged and renewed,
we will only refund any annual charges placed on the account after the
date the official notification was received.
Any account cancelled within 30-days of the initial sign up will receive
a full refund for any paid for hosting fees. This refund does not include
the domain registration or any setup fees for additional services requested.
Company is not responsible for the correct functioning or trouble-shooting
of any programs, scripts or software placed on our servers by the customer.
IP Address Ownership
Company owns and maintains all IP addresses assigned to our hosting
accounts. We reserve the right to change or move them with prior
Customer is responsible for maintaining and creating their own online
store, unless prior arrangements were made, such as a maintainence
Customer is responsible for ensuring that products or services sold or
made available are not illegal, are accurately represented and that the
content of the store and related offerings do not infringe the rights
Customer is responsible for fulfilling all the online store needs such
as order fulfillment, shipping, data security, etc.
Customer is responsible for the security of their customers' credit cards.
Company cannot be held liable for any disputed business transaction/s
between our customers and their customers.
Customers website will made available to third parties via the Internet
24 hours a day, seven (7) days a week, excluding the following circumstances:
Scheduled maintenance and regular system repairs as initiated by Company.
Down time caused by circumstances beyond Company control.
Down time caused by circumstances not reasonably foreseeable by Company
such as (but not limited to) service problems experienced due to telecommunications
or digital transmission links failures or interruptions, or general
Internet failures or slow-downs.
Complaint Against Customer
(excluding Trademarks and Copyright complaints)
Generally speaking, unless Company is issued a court order, or otherwise
required by law, Company will respond to third-party complaints or
notices by submitting the information to Customer and asking Customer
appropriately. With few exceptions, we will not deactivate or delete
Company does not proactively review the website content or email
of our customers. In some situations, as outlined above or in our
review website content or email to validate compliance with our AUP.
We take no responsibility for the content or information contained
on our customers' websites or within their email.
Emergencies / Use Affecting Others
We reserve the right to take any proactive steps we deem necessary
to maintain the security, connectivity, performance and services
customers, including but not limited to actions requiring us to
deactivate your website, shut down our network, or review the
content on your
website to evaluate the reason for perceived behaviors.
In rare instances, we may need to completely delete your website
because of some significant failure, security breach or other emergency.
such cases, we do our best to backup your website, but we cannot
a full restore of your website.
Backup / Restore
Company cannot guarantee that the contents of your website will
never be deleted, or that a backup of your website will always
We always RECOMMEND that our customers keep a local backup of
their website. This means that all contents of a website should
to your local
desktop computer and you should take steps to make a third backup
(on tape, multiple floppies, another desktop, or elsewhere).
Company makes a backup of each server, both full and incremental, at
regular intervals, though there are no guarantees, real or implied, that the contents of these backups are a relaible backup of your site and files. This is typically only available as a complete server
restore, but exceptions can be made in emergencies.
We charge an administrative fee to restore your website and it
usually takes us approximately 24 to 48 hours to fulfill restore
Company will not, without Customer's permission, release or sell
Customer's contact information, unless legally compelled to
Customer gives Company consent to contact Customer directly,
via United States Postal Mail, email or phone, regarding its
survey feedback, general announcements or other information
that Company may deem potentially important to Customer.
Termination of Agreement
This agreement may be terminated by either party upon written
notice of a breach of the policies laid out in this service
The termination is valid if either party breaches any policies
laid out in this agreement and the breaching party fails
to remedy the
breach within two (2) weeks of receiving written notification
of the breach
or if either party is the subject of a filing of bankruptcy
any court of competent jurisdiction, whether initiated by
the party or adjudged against the party.
Limitations of Liability
Company operates a shared hosting environment, which affords
a cost-effective hosting option for our customers and introduces
some risk that a
customer could impact others.
We cannot accept any liability for downtime, interruptions
of service, loss of business, breach of security or inadvertent
access to your
We cannot accept any liability for our response to a legal
requirement or court order. Furthermore, there are some
Company must use its best judgment on how to respond to
opposing legal viewpoints.
In such instances, we cannot accept any liability where
our judgment is ultimately wrong.
COMPANY MAKES NO WARRANTY, EXPRESS OR IMPLIED IN CONNECTION
WITH ITS PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE MAXIMUM LIABILITY OF COMPANY TO CUSTOMER FOR DAMAGES
RELATING TO COMPANY'S FAILURE TO PROVIDE SERVICES SHALL
BE LIMITED TO
REIMBURSEMENT OF THE TOTAL FEES PAID BY CUSTOMER TO COMPANY.
THE FOREGOING, THE MAXIMUM LIABILITY OF COMPANY TO CUSTOMER
FOR ANY AND
ALL OTHER CAUSES WHATSOEVER, AND CUSTOMER'S MAXIMUM REMEDY,
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT,
TORT OR OTHERWISE,
SHALL BE LIMITED TO REIMBURSEMENT OF THE TOTAL FEES PAID
BY CUSTOMER TO
IN NO EVENT SHALL COMPANY BE LIABLE FOR (A) ANY LOST
DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES
ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, SOFTWARE
THE SERVICES PROVIDED
HEREUNDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR OTHERWISE FOR ANY SUCH CLAIM, OR
(B) FOR ANY
COSTS ARISING FROM ANY THIRD PARTY'S ACTIONS, FAILURE
TO ACT, OR DELAY IN PERFORMING
ANY OBLIGATION WHATSOEVER. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, COMPANY SHALL NOT BE LIABLE FOR PERSONAL