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This agreement represents the
complete agreement and
understanding between
Wahmswebhost.com. (hereinafter
called WAHMS WEB HOST) and the
customer (hereinafter called
Account Holder) and supercedes
any other written or oral
agreement. WAHMS WEB HOST
reserves the right, in its sole
discretion, with or without
notice, may modify, these terms
and conditions, amplify them,
and/or modify the prices, as
well as discontinue or change
the services offered. Account
Holder must comply with WAHMS
WEB HOST's current "Terms and
Conditions," as updated from
time to time by WAHMS WEB HOST,
which can be viewed at WAHMS WEB
HOST web site.
Submission of your account order
shall constitute your acceptance
of these Terms and Conditions.
1.
Provision of services
a.
Service means - Any act of
serving the ACCOUNT HOLDER,
being provided by WAHMS WEB
HOST, regardless of its duration
and whether it's a paid service
or a free service.
b.
Without limiting the scope of
item 1.a. above, WAHMS WEB HOST
will provide services on its
host computing systems, shared
server to individual ACCOUNT
HOLDERS in exchange for payment
of fees and compliance with the
terms and conditions of this
document.
c.
WAHMS WEB HOST's fee does not
include the initial domain
registration fee and renewal fee
thereafter, or any other
regional registrar domain
registration fees.
e.
Be advised that upon registering
a domain name, you will be
subject to the Terms and
Conditions of InterNIC or other
registries as applicable.
2.
Use of Services
a.
The ACCOUNT HOLDER agrees to use
the services provided by WAHMS
WEB HOST as permitted by
applicable local, provincial,
state, and federal laws. The
ACCOUNT HOLDER agrees,
therefore, not to use these
services to conduct any business
or activity or solicit the
performance of any activity that
is prohibited by law, libelous,
or against any WAHMS WEB HOST
policy.
b.
WAHMS WEB HOST reserves the
right to refuse service to any
new or existing customers.
c.
The ACCOUNT HOLDER is solely
responsible for any legal
liability arising out of, or
relating to, his/her web site at
WAHMS WEB HOST. The ACCOUNT
HOLDER represents and warrants
to WAHMS WEB HOST that it holds
the necessary rights to permit
the use of any of the items on
his/her web site, and, that the
use, reproduction, distribution,
transmission or display of any
data to the public, and any
material to which the public can
link through, or any products of
services made available to the
public through his/her web site,
will not -
1.
violate or potentially violate
any criminal laws or any rights
of any third parties, including,
but not limited to, such
violations as infringement or
misappropriation of any
copyright, patent, trademark,
trade secret, music, image, or
other proprietary or property
right, false advertising, unfair
competition, defamation,
business or personal dispute or
argument, invasion of privacy or
rights of celebrity, violation
of any anti discrimination law
or regulation, or any other
right of any person or entity,
or any personal or business
argument or dispute; or
2.
contain any material that is:
unlawful, harmful, fraudulent,
libelous, slanderous,
threatening, abusive, harassing,
defamatory, vulgar, obscene,
profane, hateful, racially,
ethnically, disputatiously,
argumentatively or otherwise
objectionable, including,
without limitation, any material
that encourages conduct that
would constitute a criminal
offense, give rise to civil
liability, or otherwise violate
any applicable local,
provincial, state, national or
international law. ACCOUNT
HOLDER agrees to indemnify and
to hold WAHMS WEB HOST, and any
third party entities related to
WAHMS WEB HOST, harmless from
and against any and all
liability, loss, damages,
claims, or causes of action,
including reasonable legal fees
and expenses arising out of or
related to:
-
The ACCOUNT HOLDER's breach
of any of the forgoing
representations and
warranties, or
-
any other third party claim
with respect thereto.
d.
The ACCOUNT HOLDER understands
and agrees that hosting of the
ACCOUNT HOLDER's web site is at
the sole discretion of WAHMS WEB
HOST. WAHMS WEB HOST may at its
sole discretion discontinue web
site hosting service to any
ACCOUNT HOLDER operating a web
site that WAHMS WEB HOST deems
to be in violation of Section
(3c.) of these Terms and
Conditions.
e.
WAHMS WEB HOST accounts cannot
be transferred or used by anyone
other than the ACCOUNT HOLDER.
ACCOUNT HOLDER may not sell,
lease, rent or assign the
connection or parts of the
connection to any party not
named in this agreement.
f.
Use of other organizations
networks or computing resources
is subject to their respective
permission and usage policy.
3.
Use of Material
a.
Public Domain materials (e.g.,
images, text, and programs) may
be downloaded or uploaded using
WAHMS WEB HOST services. ACCOUNT
HOLDERS may also re-distribute
materials in the public domain.
The ACCOUNT HOLDER assumes all
risks regarding the
determination of whether the
material is in the public
domain.
b.
As provided by United States
federal law, Canada federal law
and by International law,
copyrighted materials (e.g.,
images, text, and programs) may
not be uploaded using WAHMS WEB
HOST services without the
permission of the copyright
holder. Copyrighted materials
may be downloaded for personal
use. Except as expressly
permitted, materials under
copyright may not be distributed
to others. Copyrighted material
may not be changed nor can the
author attribution notices nor
the copyright notices be
modified.
4.
Password Security
The ACCOUNT HOLDER agrees to
maintain a secure password to
the account. Secure passwords
are those that are between 6 and
12 characters long, contain
upper and lowercase letters,
numbers or other characters. The
ACCOUNT HOLDER is solely
responsible for changing its
password as required to assure
secure access to its account.
5.
Indemnification
The ACCOUNT HOLDER agrees to
protect, defend, hold harmless
and to indemnify WAHMS WEB HOST,
its Parents, Subsidiaries,
Affiliates, Executives,
Directors, Officers, Managers,
Employees, Successors, Assigns,
Consultants and Agents, from any
claims, including attorney's
fees, resulting from the ACCOUNT
HOLDER's use of WAHMS WEB HOST's
services.
6.
LIMITED LIABILITY
a. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN
NO EVENT AND UNDER NO LEGAL
THEORY SHALL WAHMS WEB HOST BE
LIABLE TO THE ACCOUNT HOLDER FOR
ANY BUSINESS LOSS, REVENUES
DECREASE, EXPENSES INCREASE,
COSTS OF SUBSTITUTE
PRODUCTS/SERVICES, OR FOR ANY
CONSEQUENTIAL, SPECIAL,
INCIDENTAL, PUNITIVE OR INDIRECT
DAMAGES OF ANY KIND ARISING OUT
OF THE USE OF, OR INABILITY TO
USE, ANY OF WAHMS WEB HOST'S
SERVICES, EVEN IF THE WAHMS WEB
HOST HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL THE DESIGN
SHOPPE'S LIABILITY EXCEED THE
MONTHLY FEE PAID BY THE ACCOUNT
HOLDER. THIS LIMITATION OF
LIABILITY AND RISKS IS REFLECTED
IN THE PRICE OF WAHMS WEB HOST'S
SERVICES.
b.
The ACCOUNT HOLDER acknowledges
that WAHMS WEB HOST makes an
honest effort to keep the
information available on WAHMS
WEB HOST's systems accurate.
However, WAHMS WEB HOST can make
no warranty of any kind, either
expressed or implied, regarding
the quality, accuracy, or
validity for the data and/or
information available. Use of
information obtained from or
through WAHMS WEB HOST is at the
risk of the ACCOUNT HOLDER.
c.
The ACCOUNT HOLDER acknowledges
that the information available
through the interconnecting
networks may not be accurate.
WAHMS WEB HOST has no ability or
authority over the material.
WAHMS WEB HOST can make no
warranty of any kind, either
expressed or implied, regarding
the quality, accuracy, or
validity of the data and/or
information residing on or
passing through these networks.
Use of information obtained from
or through WAHMS WEB HOST
services is at the risk of the
ACCOUNT HOLDER.
d.
The ACCOUNT HOLDER understands,
agrees and acknowledges that
WAHMS WEB HOST makes an honest
effort to provide the ACCOUNT
HOLDER with Technologies,
Developments and Innovations
that part of them are being
licensed, or co-branded, from or
by, third-party entities.
However, WAHMS WEB HOST can make
no warranty of any kind, either
expressed or implied, regarding
the quality, accuracy,
reliability or validity for the
applications), data and/or
information involved in such
items. WAHMS WEB HOST
specifically disclaims all
warranties of merchantability
and and fitness for a particular
purpose. The use of these
applications), data and/or
information obtained from or
through WAHMS WEB HOST, or any
other referred third-party,
directly or indirectly, is at
the risk of the ACCOUNT HOLDER.
e.
The ACCOUNT HOLDER understands,
agrees and acknowledges that
WAHMS WEB HOST will use its best
efforts to maintain a full time
Internet presence for ACCOUNT
HOLDER. The network may be down
due, but not limited to, utility
interruption, equipment failure,
natural disaster, acts of God,
or human error. ACCOUNT HOLDER
agrees that these events may or
may not occur and ACCOUNT HOLDER
will hold WAHMS WEB HOST, its
Parents, Subsidiaries,
Affiliates, Executives,
Directors, Officers, Managers,
Employees, Successors, Assigns,
Consultants and Agents, free and
harmless from any damages
incurred in any event of any
type of loss resulting from any
reason whatsoever. Uses of WAHMS
WEB HOST service is at the risk
of the ACCOUNT HOLDER.
7.
Payment of fees and penalties
a. WAHMS WEB HOST billing cycle
renews each month on the
accounts anniversary.
b.
Service payments will be charged
in advance of receiving
services.
c.
The service contract will be
automatically renewed at the end
of its term and the service
payment for the renewal term
will be charged automatically to
ACCOUNT HOLDER's credit card
without "WAHMS WEB HOST"
obtaining ACCOUNT HOLDER's
permission after the initial
charge. ACCOUNT HOLDER shall
notify WAHMS WEB HOST of any
changes in credit card number or
expiration date. If the card is
not honored for any reason,
WAHMS WEB HOST will attempt to
notify the ACCOUNT HOLDER by
using the e-mail address on
file. It is the ACCOUNT HOLDER'S
responsibility to keep a valid
e-mail address on file with
WAHMS WEB HOST. If alternative
payment arrangement has not been
made within 7 days, the account
will be terminated. ACCOUNT
HOLDER'S credit card information
will be kept on file throughout
the length of the account's
billing cycle or until ACCOUNT
HOLDER cancels account. Upon
account cancellation, ACCOUNT
HOLDER's credit card information
will be destroyed.
d.
Payment is due at beginning of
each accounting cycle.
e.
Overdue accounts are those that
remain unpaid 7 days after
beginning of accounting cycle.
f.
Accounts that are overdue are
put on "accounting hold" and may
not be used. Accounts that are
unpaid for 15 days will be
suspended immediately with or
without notice.
g.
There is a service reconnection
charge equal to the currently
charged setup fee to reactivate
accounts from suspended status.
h.
The ACCOUNT HOLDER acknowledges
responsibility for the account
until payment in full is made.
i.
There is a $25.00 service charge
for each check that is not
honored and a $50.00 service
charge for any disputed credit
card charge not authorized by
you following the guidelines
quoted in 7c.
j.
The ACCOUNT HOLDER will be
charged for excessive bandwidth
usage (above the relevant
allowance of the chosen service
package). It is the ACCOUNT
HOLDER responsibility to monitor
the amount of bandwidth of
his/her account, on a daily
basis. WAHMS WEB HOST has no
obligation to warn the ACCOUNT
HOLDER regarding the excessive
bandwidth usage.
k.
No refund on all paid and
pre-paid services once the
Welcome Letter/Setup has been
sent/initiated for hosting
services. Domain name
registrations are non-refundable
at all times. Once a domain is
registered, the time lasts for 1
full year and cannot be
cancelled.
8.
"CANCELLATION" Requests
This agreement will commence
upon the ACCOUNT HOLDER's
acceptance of it and continue on
a month-to-month basis.
a.
For ACCOUNT HOLDERS that pay on
a MONTHLY basis ONLY -
"CANCELLATION" requests for
WAHMS WEB HOST accounts must be
sent to
staff@wahmswebhost.com
and received by WAHMS WEB HOST,
before the 15th of each month,
in order to be processed by the
end of the same month.
b.
For ACCOUNT HOLDERS that pay on
a NON-MONTHLY basis (3 and 12
months) - "CANCELLATION"
requests for WAHMS WEB HOST
accounts must be sent to
staff@wahmswebhost.com
and received by WAHMS WEB HOST,
15 days before the account's
anniversary date, in order to be
processed before anniversary
date. This will prevent an
automatic renewal and charge.
c.
All WAHMS WEB HOST accounts must
be paid in full before the
transaction will be considered
complete.
d.
Cancellations after the Welcome
Letter of account activation is
sent, will NOT generate ANY
refund. Cancellations after the
domain has been registered, will
NOT generate ANY refund.
9.
Abuse of Services
a. Any use of WAHMS WEB HOST
system resources that disrupts
the normal use of the system for
other WAHMS WEB HOST customers
is considered to be abuse of
system resources and is grounds
for administrative intervention.
Some examples of system abuse
include, but are not limited to,
spawning dozens of processes,
consuming excessive amounts of
memory or CPU for long periods
of time, overwhelm the server
with heavy CPU usage from highly
active CGI scripts or chat
scripts, spamming or mass
emailing using internal or
external mail and/or news
servers. Without limiting the
scope of the above, WAHMS WEB
HOST forbids the storage of
illegal/pirated software, the
use of any type of IRC bot
and/or proxy (including, but not
limited to, bnc and eggdrop),
the storage and use of any type
of software intended for
hacking/cracking purposes and
the storage or sale of bulk
email lists intended for
spamming or resale purposes.
b.
Depending on the nature and the
severity of the abuse, the user
may receive an email warning or
have his/her account suspended
by WAHMS WEB HOST. Technical
Support. Spamming activities
will result in immediate
termination of services to
Account Holder.
c.
Unethical and criminal offenses
are violations of WAHMS WEB HOST
conditions of use. You are
expected to report to WAHMS WEB
HOST any information you may
have concerning instances in
which the conditions of use have
been or are being violated. When
WAHMS WEB HOST becomes aware of
possible violations, we will
initiate an investigation. At
the same time, in order to
prevent further possible
unauthorized activity, WAHMS WEB
HOST may suspend access to
services to the individual
account in question.
Confirmation of violations may
result in cancellation of the
individual account and/or
criminal prosecution. The
account suspension may be
rescinded at the discretion of
WAHMS WEB HOST, following
payment of a reconnection charge
equal to the current setup fee.
10. IP Addresses
WAHMS WEB HOST maintains control
and ownership of any and all IP
numbers and IP addresses that
may be assigned to the ACCOUNT
HOLDER and reserves in its sole
discretion the right to change
or remove any and all IP numbers
and addresses. ACCOUNT HOLDER
will have no right to use the
assigned IP numbers except as
allowed by WAHMS WEB HOST in its
sole discretion in connection
with the plan ACCOUNT HOLDER has
selected, during the term of
this agreement.
11. Assignment
The rights and liabilities of
the parties hereto will bind and
inure to the benefit of their
respective successors, executors
and administrators, as the case
may be, provided that the
ACCOUNT HOLDER may not assign or
delegate its rights and
obligations under his business
relationships with WAHMS WEB
HOST, either in whole or in
part, without the prior written
consent of WAHMS WEB HOST. WAHMS
WEB HOST may assign its rights
and obligations under this
Agreement to a third party in
connection with a merger,
consolidation, sale of all or
substantially all of WAHMS WEB
HOST's assets or other corporate
reorganization.
12. Governing Law/Severability
Any Agreement, arising from the
business relationships between
WAHMS WEB HOST and the ACCOUNT
HOLDER, will be governed by and
construed in accordance with the
laws of the State of Florida,
United States of America,
without reference to its
conflicts of laws principles.
ACCOUNT HOLDER agrees that any
litigation or arbitration
between the parties will take
place in the State of Florida,
United States of America, and
consent to personal jurisdiction
and venue in that state. If any
provision of that Agreement is
found by a court of competent
jurisdiction to be unenforceable
for any reason, the remainder of
that Agreement will continue in
full force and effect.
13. Age of Majority
WAHMS WEB HOST cannot accept
agreements and payments from
persons under the age of 18
years. Therefore, WAHMS WEB HOST
requires that its agreements be
made with a person who is
qualified to contract. As such,
the ACCOUNT HOLDER must be over
the age of 18 years. Otherwise,
a parent or guardian must accept
this agreement and ensure the
proper payment.
14. Complete
Understanding/Modification
These Terms & Conditions
constitute the full and complete
understanding and agreement of
the ACCOUNT HOLDER and WAHMS WEB
HOST, relating to the subject
matter hereof, and supersedes
all prior understandings,
agreements, representations and
warranties relating to such
subject matter. Any waiver,
modification, or amendment of
any provision of this Terms &
Conditions, initiated by the
ACCOUNT HOLDER, will be
effective only if accepted in
writing and signed by WAHMS WEB
HOST. |