Terms of ServiceUpdated 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 or organization listed on Company signup form.
This agreement supersedes any other oral agreement between Company and Customer.
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 been reached. 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 any necessary domain name server changes and ensuring the transfer is implemented correctly.
Customer is responsible for updating and maintaining their contact information with Company. Any changes to the customer contact information must be made using your account Control Panel. Customer is responsible for ensuring that Company is able to notify the customer for technical, billing or other issues or purposes deemed necessary by Company to maintain the account.
Customer is responsible for bandwidth utilization, and monitoring bandwidth use to ensure the website does not exceed the bandwidth allocated for 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 or servers 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 our AUP.
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 policies by their 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 of Company.
Credit Card Payments
Company has the authority to charge for services requested, pending hosting or domain name renewals, using the credit card information you provide 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 on a recurring payment plan. Upon your receipt of our emailed Company invoice, unless you indicate that you would like to cancel the account or stop the charges, the account will automatically be re-billed according to the information contained within the invoice. (See Cancellation Policy 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 be 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 charge the credit card we have on file two (2) weeks before the domain renewal date.
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 our servers.
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 account. This 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 Use Policy.
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 you.
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 notice.
Customer is responsible for maintaining and creating their own online store, unless prior arrangements were made, such as a maintenance agreement.
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 of others.
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 to respond appropriately. With few exceptions, we will not deactivate or delete customer accounts.
Company does not proactively review the website content or email of our customers. In some situations, as outlined above or in our AUP, we will 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 of our 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. In such cases, we do our best to backup your website, but we cannot ever guarantee 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 be available. We always RECOMMEND that our customers keep a local backup of their website. This means that all contents of a website should be copied 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 requests.
Company will not, without Customer's permission, release or sell Customer's contact information, unless legally compelled to do so.
Customer gives Company consent to contact Customer directly, via United States Postal Mail, email or phone, regarding its services, for customer 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 agreement.
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 action in 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 private data.
We cannot accept any liability for our response to a legal requirement or court order. Furthermore, there are some circumstances where 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. NOTWITHSTANDING THE FOREGOING, THE MAXIMUM LIABILITY OF COMPANY TO CUSTOMER FOR DAMAGES 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 COMPANY. IN NO EVENT SHALL COMPANY BE LIABLE FOR (A) ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THE NETWORK, SYSTEMS, SOFTWARE OR 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 DAMAGES OR 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 INJURY OR PROPERTY DAMAGE.