WEB HOSTING SERVICES AGREEMENT
Net website hosting offerings settlement
- Webxilla.com provides a month-to-month subscription provider that combines website improvement and website hosting together with an expansion of advertising and marketing solutions. All internet site plans include monthly website hosting of the internet site on webxilla.com owned servers referred to as, “website hosting offerings”). Challenge to the phrases and situations of this agreement (which incorporates this and all different relevant schedules) and in the course of the time period of this agreement, webxilla.com agrees to provide to you the website hosting services you buy in the course of the sign-up method. Webxilla.com reserves the right to amend its hosting offerings services and to feature, delete, droop or alter the phrases and situations of the website hosting services, at any time and from time to time, and to determine whether and while such a modifications practice to both current and future customers.
2. Prices and payment phrases.
- web hosting offerings will be paid for through valid credit card or different fee approach acceptable to webxilla.com. Your annual, month-to-month, or different ordinary periodic bills for website hosting services (the “website hosting services expenses”) shall be mechanically charged to the credit card supplied by you on the time of your buy or such different credit card card for your account (your “credit card card”), with such payments being charged in advance, and also you hereby agree that webxilla.com is allowed to fee your credit card card or other decided on price technique. Webxilla.com, in its sole discretion, shall decide the expenses it will price for the hosting services, and webxilla.com may amend such pricing according with phrases set forth in the offerings agreement. If you do now not conform to one of these change, you could terminate this agreement (or cancel your hosting services, as relevant) in addition in accordance with the settlement, in any other case all such adjustments could be effective with recognize in your account, and you compromise that we’re legal to rate your credit card card for any new or extra website hosting offerings costs, on the next month-to-month, annual or other ordinary periodic fee cycle (as relevant).
- if your facts usage or storage exceeds the amount accepted by the hosting offerings bundle or program you buy, webxilla.com may additionally, in its sole discretion, improve you to the following degree package that helps the amount of facts utilization or garage you have got used. If you are upgraded, you’ll be charged a prorated amount to upgrade your plan for the the rest of your time period (the “prorated upgrade price”) and your renewal hosting services costs may be on the charge for such upgraded plan. Any prorated upgrade payment and your new website hosting provider prices will be robotically charged in your credit card card, and you hereby agree that webxilla.com is allowed to fee your credit card. In case you do now not comply with one of these improve, you could terminate this settlement (or cancel your hosting services, as relevant) as provided herein inside five (five) days of such upgrade; in any other case all such modifications can be powerful with admire in your account, and you settle that we’re legal to charge your credit card for any upgrade payment and your new web hosting provider expenses.
- in addition to habitual provider prices, webxilla.com may additionally rate set up expenses and other one-time charges for any elective services as set forth on our website and/or described in this schedule (together “one-time expenses”). Billing for one-time expenses will be through valid credit card (suited to webxilla.com) at the time of purchase on the fee set forth on our internet site. Your one-time fees will be automatically charged to the credit card card furnished through you (and perfect to webxilla.com) on the time of your purchase, and also you hereby agree that webxilla.com is allowed to charge your credit card. Webxilla.com, in its sole discretion, shall determine the costs it will price for all one- time fees.
- webxilla.com will price you a processing charge if you terminate or cancel any package deal previous to the crowning glory of any confined cash-lower back assure term for that package deal. You authorize webxilla.com, in its sole discretion, to rate the credit card supplied by way of you on the time of your buy or ahead an invoice to you immediately upon the sort of termination or cancellation of an annual hosting services bundle for the quantity of the processing price.
- webxilla.com will suspend your account if you request a chargeback in your credit card for automated expenses to your credit card card for excess facts switch usage as in addition addressed below.
3. Time period and termination,
. Your website hosting offerings will be either (i) on a monthly basis for successive monthly intervals or different similar billing cycle, (ii) if you have selected our automobile-renew function, on a yr-to-12 months foundation for successive every year durations, or (iii) when you have now not decided on our car-renew function, for a one-time annual length, all unless either celebration notifies the other of termination or cancellation in accordance with this settlement, and subject to the then-cutting-edge terms and situations of this agreement at the time of any renewal of your web web hosting offerings.
subject for your duty to pay any applicable processing expenses, you can cancel your website hosting offerings at any time. To cancel your subscription carrier you must notify webxilla.com. Your web hosting services can be canceled as of the expiration of the monthly billing cycle wherein your note was received. Any charges already paid to webxilla.com shall now not be reimbursed to you (except for money lower back ensures which could practice for your services). Except terminated in advance as provided herein, this agenda, and the agreement when you have no other offerings with webxilla.com, may be terminated as of the cancellation of your hosting services.
- notwithstanding whatever to the opposite in the settlement and with out limiting any proper or remedy of webxilla.com contained inside the settlement, webxilla.com can also droop or terminate your hosting services, droop your access and password, eliminate your hosting offerings from webxilla.com’s servers, or take away any content in the web hosting services, if webxilla.com concludes, in its sole and exceptional discretion, that you (i) have breached, violated, or acted unevenly with the letter or spirit of the agreement, including this addendum, the services settlement, the suited use coverage, or every other relevant webxilla.com time period, situation, rule, policy or any applicable law or regulation; (ii) have provided fake facts as a part of your account facts; (iii) have failed to preserve your account facts whole, actual, and correct; (iv) fail to reply to any e-mail communication despatched to the e-mail deal with listed in your account data; (v) are engaged in fraudulent or unlawful sports or the sale of illegal or dangerous items or offerings; (vi) are engaged in activities or income which could harm the rights or reputation of webxilla.com or others; or (vii) engage in any hobby, whether or now not intentionally, that threatens the stableness or safety of webxilla.com’s community, servers, or other services, in webxilla.com’s sole discretion (each “termination for reason”). Any termination for purpose with the aid of webxilla.com will take impact right now, and you expressly agree that you’ll no longer have any possibility to treatment. In addition, webxilla.com may terminate your web hosting offerings at any time without motive upon observe to you. Your sole and specific treatment for such termination of your hosting services with out cause, that you may qualify for, might be a refund of your website hosting services prices for the then cutting-edge time period.
Four. Additional guarantee disclaimers and limitations of legal responsibility.
- similarly to the alternative declaimers and limitations of liability of webxilla.com as set forth within the settlement, webxilla.com is likewise not liable, and expressly disclaims any legal responsibility, for the content of any records transferred both to or from you or stored by using you or any of your give up users thru the website hosting offerings furnished via webxilla.com.
- facts acquired through you from the internet can be misguided, offensive or in a few cases unlawful. Webxilla.com has no control over records contained on the internet and accepts no obligation for any statistics that you may obtain or transmit via the net.
- you be given full responsibility to verify the reality and accuracy, legality and possession of the statistics that you disseminate or display in reference to your use of the net web hosting services or acquire from the net.
- you compromise that if webxilla.com takes any corrective motion below this agreement in reaction for your or your quit users’ moves or screw ups to behave, that corrective motion may additionally adversely have an effect on you or your cease customers and you settle that webxilla.com shall don’t have any legal responsibility to you or your quit users because of any corrective movement taken via webxilla.com.
- you agree that webxilla.com has no obligation to back-up any facts associated with your internet site unless webxilla.com expressly agrees in any other case in writing (or has expressly said so on our internet site). You compromise that you’ll often lower back-up your data whether or not or not webxilla.com agrees to or definitely does back-up any records.
- you settle that any backups provided together with the hosting offerings might be allocated to any applicable storage package deal.
5. Regulations on use.
- webxilla.com does not intend to and shall have no responsibility to systematically monitor the content material this is submitted, saved, distributed or disseminated via you via the hosting services (the “content material”). Your content consists of content of your quit customers and/or customers of your internet site. For this reason, you’re accountable for your give up users’ content material and all sports for your internet site. Webxilla.com, in its sole and distinctive discretion, can also straight away take corrective action, inclusive of, however not restricted to, removal of all or a part of your content material and suspension and/or termination of your web hosting offerings, inside the occasion of notice of any possible violation of this agreement or the aup through you or your stop users. You settle that webxilla.com will haven’t any legal responsibility to you or any of your give up customers due to any corrective action that webxilla.com can also take and that you’ll not be entitled to a refund of any expenses paid in advance prior to the corrective movement. You compromise to the extra restrictions of use for the ancillary services provided by means of webxilla.com along side the web hosting services which are observed in different schedules to this settlement.
- you warrant that your content material does no longer violate or infringe any copyright, trademark, patent or intellectual or different proprietary property proper of any third party or include any obscene or libelous material or in any other case violate any regulation or regulation.
- your use of networks or computing resources provided to webxilla.com via 1/3 birthday celebration providers and made available to you as a part of the website hosting offerings is situation to the respective permission and utilization policies of such 0.33 parties.
- you agree that you may no longer exceed the bandwidth or storage area limits applicable to the website hosting services purchased, as set forth on our website. You compromise that in case you do exceed either of such limits, webxilla.com, in its sole and distinctive discretion, may immediately take corrective action, together with, however not restrained to, deletion of part or all of your content, assessment of additional prices, suspension and/or termination of your hosting services. You compromise that webxilla.com will don’t have any legal responsibility to you or any of your quit customers because of any corrective motion that webxilla.com may additionally take and that you’ll not be entitled to a reimbursement of any charges paid in advance previous to the corrective movement. Moreover, webxilla.com’ hosting servers aren’t an archive and webxilla.com shall have no liability to you or another character for loss, harm or destruction of any of your content. You shall at all times, use the space supplied to you on webxilla.com’ website hosting servers solely for serving up and deploying your website. You shall not use the space supplied to you on webxilla.com’ web hosting servers in any manner which can also result in an excessive load on the webxilla.com’ gadget and/or community, together with however no longer restrained to installing or jogging net proxies, the use of your allotted area as on-line backup or garage, or mirroring mass downloads. Use of the space supplied to you on webxilla.com’ website hosting servers and your offerings will be in a manner constant with the terms and conditions of this settlement and shall no longer in any way impair the functioning or operation of webxilla.com’ equipment or community. Need to your use of the webxilla.com’ services result in a violation of this or some other a part of this agreement, in webxilla.com’ sole discretion, webxilla.com may suspend your offerings till the motive of any such violation is decided and resolved.
6. Data transfer overage prices.
- you agree that you may not exceed the information switch (bandwidth) or storage space limits relevant to the web hosting offerings bought, as set forth on our internet site. You agree that in case you do exceed either of such limits, webxilla.com, in its sole and specific discretion, may without delay take corrective movement, together with, but no longer constrained to, assessment of extra costs and/or suspension and/or termination of your hosting services. You agree that webxilla.com will don’t have any legal responsibility to you or any of your stop customers because of any corrective movement that webxilla.com might also take and that you’ll not be entitled to money back of any costs paid in advance previous to the corrective motion.
- extra bandwidth utilization can’t be bought by way of you earlier.
- in case you exceed your statistics transfer restrict in the final 24 hours of any given month, webxilla.com will not fee you extra expenses as long as the records transfer overage does now not exceed 9gb.
7. Different phrases and conditions.
- the website hosting offerings we offer underneath this agreement might also comprise other services or products that we offer, or products or services provided with the aid of 0.33 parties with whom we’ve a business relationship (“extra services”). Your use of these additional services can be problem to a separate application and/or approval method and also you achieving separate agreements with us or with 1/3 events. (for example, in case you desire to accept credit card card payments via a website you establish thru the web hosting services, your relationship with the 0.33-party merchant account issuer can be situation to an utility and approval manner and also you achieving a separate settlement with such provider.) Some of these separate agreements may also require you to pay expenses similarly to the fees that you pay us for the website hosting offerings. We will try to permit you to recognize while your receipt of extra offerings would require you to enter into a separate settlement, whether or not with us or with a third-birthday celebration, and whether such separate agreement will require you to pay additional prices. Additionally, relying at the offerings you have chose to acquire, you’ll be responsible for organising and preserving a industrial banking courting with a financial organization. The phrases of this sort of courting will be between you and the economic organization and could no longer always reflect or contain phrases of any agreements we may have with the organization. In addition, you settle that our third birthday party companies offering any offerings as part of the website hosting services, and their successors, are meant 0.33-celebration beneficiaries under this agreement and will be entitled to put into effect your obligations beneath this settlement. Sooner or later, you well known and agree that other schedules on this agreement may additionally practice to the diverse offerings protected on your hosting offerings bundle (as an instance, schedules associated with domain name registration, email, non-public registration, and many others.), and which you have study and you compromise to be certain by way of the additional phrases and situations in those schedules.
- you agree that any area call listing, sub-listing, document call or route (e.g. ) that does not clear up to an lively net page on your website being hosted by way of webxilla.com, can be utilized by webxilla.com to area a “parking” web page, “beneath construction” web page, or other temporary web page that could consist of promotions and advertisements for, and hyperlinks to, webxilla.com’ website, webxilla.com product and provider services, third-birthday celebration web sites, 1/3-celebration product and service services, and/or net engines like google. You compromise that webxilla.com may trade the content and/or look of, or disable any of these transient pages at any time, in its sole discretion, and with out previous notice.
8). Hosting service availability assure.
We guarantee that your web hosting offerings will be up and handy (“available”) ninety nine.nine% of the time except for interruptions due to the subsequent:
- mistakes resulting from you from custom scripting or coding;
- any interruption as a result of third birthday party software established by you;
- corrective moves taken with the aid of webxilla.com pursuant to the terms of this settlement;
- outages that don’t affect the advent of the net website online however merely have an effect on access to the web website such as ftp and e-mail;
- net frailties;
- periodic scheduled renovation or maintenance that webxilla.com might also adopt every now and then; and
- reasons beyond the manipulate of webxilla.com or that aren’t reasonably foreseeable by way of webxilla.com.
If your hosting services aren’t to be had 99.9% of the time, your sole and extraordinary remedy may be a credit for web hosting services as detailed on this section. If during any month your hosting services aren’t available for a complete variety of hours you may obtain a credit card as follows:
- $2 per hour as much as 100% of your overall monthly charges.
At no point will money back exceed total month-to-month website hosting expenses paid to webxilla.com in any given month. The credit may be used by you handiest for the renewal of your website hosting services, and is exclusive of any relevant taxes. Every uptime calculation is measured by means of the uptime for the whole customer base across all hosting structures for webxilla.com. Willpower of any provider outages shall be entirely with webxilla.com
Webxilla.com proactively video display units infrastructure uptime through proprietary and/or other licensed industrial systems. The results of those tracking structures shall offer the only and special dedication of your carrier uptime. Scheduled protection to webxilla.com systems is excluded from the calculation of the uptime in addition to activities causing downtime that are outdoor of the manage of webxilla.com or are due to third parties.
You expressly furnish to webxilla.com a non-one of a kind, worldwide and royalty-free license to cache, replica, show, use, and transmit on and through the internet the content that is submitted, saved, allotted or disseminated by means of you the use of the website hosting offerings (along with content material provided via 1/3 parties), consisting of, without limitation, exchange or carrier marks, text, images, pictures, illustrations, portraits, audio clips, movies, e mail or other messages, meta tags, software, documents, facts, works, information and/or other related materials (collectively, the “content”), in reference to webxilla.com’s overall performance or enforcement of the agreement and revocable handiest upon the termination of webstie hosting offerings. You are solely chargeable for imparting, updating, importing and preserving your internet site and any and all content material on, inside, displayed, linked or transmitted to, from or thru your website. Your content additionally consists of any registered domain names supplied through you or registered on behalf of you in connection with the web hosting services. Webxilla.com does no longer intend to and shall have no responsibility to systematically screen the content. Your content material includes content material of the end users of your internet site. Thus, you are answerable for your stop customers’ content material and all activities on your internet site. Webxilla.com has absolute discretion to take instant corrective movement, which can also encompass removal of all or a portion of your content, suspension of your web hosting offerings, and termination of your website hosting services, if word of any feasible violation of this agreement (which includes however no longer constrained to this addendum, the service agreement, the acceptable use policy, and so forth.) By means of you or your quit customers is determined by webxilla.com. You agree that webxilla.com will have no legal responsibility to you or any of your quit customers due to any corrective movement that webxilla.com may also take and that you will no longer be entitled to money back of any costs paid in advance prior to the
Corrective motion. You agree to the extra regulations of use for the supplementary services supplied by using webxilla.com along with the hosting offerings that are discovered in the offerings agreement.
10. Garage and security.
Always, you bear complete chance of loss and harm to your website and all your content. You are entirely chargeable for maintaining the confidentiality of your password and account records. You compromise which you are completely liable for all acts, omissions, and use under and fees incurred along with your account or password or in connection with the website or any of your content material displayed, connected, transmitted via, or saved at the webxilla.com servers. You are totally chargeable for assignment measures to:
- save you any loss or damage on your content material;
- preserve impartial archival and backup copies of your content;
- make sure the security, confidentiality and integrity of all your content material transmitted through or saved on webxilla.com servers; and
- make certain the confidentiality of your password.
Webxilla.com’s servers aren’t an archive and webxilla.com shall don’t have any legal responsibility to you or some other character for loss, damage, or destruction of any of your content material.
Webxilla.com shall don’t have any liability to you or any other person for your use of the web hosting services in violation of those terms.
You compromise that webxilla.com has no responsibility to lower back-up any information related to your internet site. Within the event your use of the hosting offerings is terminated, shifting your internet site off of the webxilla.com servers is your obligation. Webxilla.com will not switch or ftp your website to another issuer.
11) other services.
You acknowledge and agree that different phrases, conditions, and agreements might also observe to the various offerings protected to your website hosting offerings application or bundle (i.e., terms and conditions associated with domain name registration, e-mail, personal domain name registration, and many others.), and that you have study and you agree to be sure by such extra phrases and situations.