Terms of Use Agreement

Legal TOSTerms of Use Agreement

Created: May 19, 2015
Last Updated: May 19, 2015

Webhosting.net, Inc., a Florida corporation, welcomes you to www.webhosting.net (“Website”). Please read these terms of use, which is a license that governs your use of this Website and any transactions that you engage in through this Website not subject to the master services agreement (“MSA”). Your access to this Website is on the condition that you agree to these terms and our privacy policy. Please pay special attention to the following sections: (1) disclaimer of warranties (section 13); (2) disclaimer of liability and release (section 14); (3) exclusion of damages and exclusive remedy (section 15); (4) place for resolving disputes (section 19); (5) dispute resolution (i.e., mandatory arbitration) (section 20); and (6) class action waiver (section 21). By accessing this Website or using the services, you state that you have read, understand, and accept and agree to these terms and our privacy policy. If you do not want to agree to these terms or our privacy policy, you may not access this Website or use the services.

1 – Introduction

1.1 This Website provides information and material of a general nature about Webhosting.net, which is a web hosting company, and the products and services it offers. We provide this information for informational purpose only. You should not rely on this Website for advice of any nature. We are not responsible for the actions, decisions, or other behavior you take or do not take in reliance on this Website. You act at your own risk in relying on the contents of this Website.

1.2 Webhosting.net may change these terms, and any policies or agreements incorporated in these terms, on one or more occasions. Any changes will become effective immediately on posting to the Website, but will not operate retroactively. Your use of this Website after we have made the changes will constitute your acceptance of these terms as last revised. If you do not agree to these terms as last revised, you may no longer access this Website. For more information about changes, please see section 24.3, below.

2 – Scope of Terms

2.1 These terms apply to the Website located at www.webhosting.net, including any mobile website or application, and all Webhosting.net owned or operated websites that are linked to www.webhosting.net by Webhosting.net and its affiliates. These terms also apply to any online resources, materials, download areas, tools, and interactive features provided on the Website, including blogs, community forums, chat rooms, discussion websites, knowledge centers, product and service offerings information, both now and in the future. Webhosting.net may also publish specific terms, such as the MSA, in which event, these terms will remain in effect to the extent that they do not conflict with the specific terms. If these terms conflict with the MSA, the MSA controls.

2.2 The MSA applies to your purchase of services from Webhosting.net and to specific portions or features of the Website. Webhosting.net’s duties regarding the services offered on the Website are controlled solely by the MSA and nothing contained on the Website or in these terms may be construed to alter the MSA unless the MSA expressly states otherwise. The materials on the Website about products or services may be outdated and Webhosting.net makes no commitment to update the materials. Not all products or services mentioned in these materials may be available and any references to them do not imply that Webhosting.net will make them available to you. Please contact Webhosting.net regarding the availability of particular products or services at support@webhosting.net.

3 – Eligibility

3.1 This Website and the products and services are available only to users who can form legally binding contracts under applicable law. By accessing this Website, you state that you are (1) at least 18-years old, (2) able to form legally binding contracts under applicable law, and (3) not a person barred from purchasing or receiving the products or services under the laws of the United States or other applicable jurisdiction. If you access this Website on behalf of any entity, you state that you have authority to accept these terms for that entity and that the entity will indemnify Webhosting.net for any violations of these terms.

4 – Limited License; Use of Website; Restricted Areas

4.1 Webhosting.net hereby grants you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms and any additional terms, such as the MSA. By “access,” we mean visit the Website, use its services, and view or download its content. You must comply with all applicable laws when accessing the Website. Webhosting.net may change, limit, or cancel your access if you fail to comply with these terms or any other applicable terms, such as the MSA. You may only access the Website for your personal, noncommercial use, and you may not copy or post it on any network computer or broadcast in any media. You will not use any content that you access on the Website for further distribution, display, or sale.

4.2 Webhosting.net provides this Website solely for the use of current and future customers of Webhosting.net to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Webhosting.net prohibits any other use of this Website. Specifically, we prohibit you from using the Website:

4.2.1 In any way that violates any applicable federal, state, local, or international law or regulation, including any laws regarding the export of data or software to and from the United States or other countries;

4.2.2 In any way that exposes Webhosting.net to criminal or civil liability;

4.2.3 To infringe on the intellectual property rights of another user or any other person or entity;

4.2.4 To engage in false or deceptive trade practices;

4.2.5 To send, or procure the sending of, any advertising or promotional material without Webhosting.net’s advance written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

4.2.6 To impersonate or attempt to impersonate Webhosting.net, a Webhosting.net employee, another user, or any other person or entity (including by using email addresses or screen names associated with any of the foregoing);

4.2.7 To register, subscribe, unsubscribe, or attempt to register, subscribe, or unsubscribe any person or entity for any Webhosting.net product or service if you are not expressly authorized by that person or entity to do so;

4.2.8 To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; or

4.2.9 To defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (e.g., rights of privacy, etc.) of others, or to publish, post, distribute, or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent, or unlawful material or information.

Additionally, you may not:

4.2.10 Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website, including their ability to engage in real time activities through the Website;

4.2.11 Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

4.2.12 Use any manual process to monitor or copy of any of the material on the Website or for any other unauthorized purpose without Webhosting.net’s advance written consent;

4.2.13 Use any device, software, or routine that interferes with the proper working of the Website;

4.2.14 Reverse engineer, alter, or change any part of the Website or the content;

4.2.15 Circumvent, disable, or otherwise interfere with security-related features of the Website or any system resources, services, or networks connected to or accessible through the Website;

4.2.16 Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;

4.2.17 Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;

4.2.18 Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or

4.2.19 Otherwise attempt to interfere with the proper working of the Website.

You must comply with all applicable laws and regulations, including those relating to the Internet, data, email, privacy, and the sending of technical data exported from the United States or the county where you live. We may take appropriate action against you for any unauthorized use of the Website or the content, including civil, criminal, injunctive relief, and cancellation of your account. Unauthorized use of the Website or the content may also violate applicable laws including copyright and trademarks laws, the laws of privacy and publicity, and applicable communications regulations and statutes.

4.3 Access to and use of password-protected areas of the Website is restricted to authorized users only. You state that you: (1) will give current, complete, and accurate identification, contact, and other information about you as you may be prompted by the Website; (2) will maintain, keep current, and update any registration data and other information you give to Webhosting.net; (3) are entirely responsible for keeping the security of your password, identification, and account and for all activity that happens under your account; and (4) will notify Webhosting.net immediately of any unauthorized access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including access to your servers and applications accessible through your account. You accept sole risk of unauthorized access to your account. Webhosting.net disclaims liability to you for any loss you may incur because of someone else using your password or account regardless of your knowledge. You may be held liable for losses incurred by Webhosting.net or any other user or visitor to the Website because of someone else using your password or account. You may not use anyone else’s account at any time, without the permission of the account holder.

5 – Ownership of Content; Copyright Infringement

5.1 The Website; its past, present, and future versions; all webpages found within the Website; the material and information on the Website; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website (“content“); and trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, are owned, controlled, or licensed by or to Webhosting.net, and are protected by intellectual property laws, including copyright, trademark, trade dress, domain name, patent, trade secret, international treatises, and other proprietary rights and unfair competition laws. In using the Website or the content, you acknowledge and agree to abide by all applicable intellectual property laws, as well as any specific notices contained on the Website. All rights not expressly granted are reserved.

5.2 The Website and the content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resolved, or otherwise distributed in any way, without Webhosting.net’s express advance written authorization. Webhosting.net grants you permission to display on your computer, print, and download the content on this Website solely for your own personal, noncommercial, and educational use. You must retain copyright and other notices on any copies of the content you make. Certain content and documents available on this Website may be open source content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the Website or the content contained on or available through the Website or any linked websites may violate applicable intellectual property laws or other laws.

5.3 The Website may contain user or third-party submitted content, such as feedback and suggestions, posts or submissions, and other materials (“submissions“) intended for review by the general public, or by members of any public or private community. Webhosting.net does not claim ownership of third-party submitted content and will have no obligation or liability of any kind with respect to submissions. Webhosting.net does not review, approve, or endorse submissions. Webhosting.net provides submissions solely for convenience to Webhosting.net customers and users. Webhosting.net reserves the right to monitor, restrict access to, edit, or remove any content available on the Website.

5.4 You may not use the Website or content for any purpose or in any manner that infringes the rights of any third parties. Webhosting.net encourages you to report any content on the Website that you believe infringes your copyright. If you would like to submit a copyright infringement complaint, please visit our DMCA webpage.

6 – Trademarks

6.1 The trademarks, service marks, logos, slogans, and domain names (“marks“) referenced on the Website are either common-law service marks or trademarks, or registered service marks or trademarks of Webhosting.net, Inc., a Florida corporation, and are protected by trademark laws in the United States and other countries, and international laws and treaties. Other names of actual companies and products mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association with Webhosting.net. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, metatags, or any other “hidden text” using marks of Webhosting.net and its licensors, without prior written permission of Webhosting.net or the third party who may own the mark.

7 – Privacy Policy; Usage Information; Transfer of Data

7.1 Webhosting.net’s has a separate privacy policy posted on the Website. Webhosting.net incorporates its privacy policy into these terms by this reference. Your agreement to these terms or your continued access to the Website establishes your agreement to the privacy policy. In addition, by accessing this Website, you acknowledge that Internet transmissions are never completely private or secure. You understand that others may read or intercept any message or information you send to the Website even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

7.2 Webhosting.net may use software that automatically tracks performance and usage information to evaluate the Website. This software will not personally identify you.

7.3 If you are visiting this Website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) across international boundaries. By visiting this Website and communicating electronically with us, you consent to these transfers.

8 – Feedback

8.1 Webhosting.net encourages you to give feedback about the Website. But Webhosting.net will not treat as confidential any suggestion or idea given by you, and nothing in these terms will restrict Webhosting.net’s right to use, profit from, disclose, publish, or otherwise exploit any feedback, without payment to you.

9 – Hyperlinking to the Website

9.1 Webhosting.net grants you a limited, nonexclusive license to create a text hyperlink to www.webhosting.net only; you may not use the Webhosting.net corporate logo or any other brand feature to link to Webhosting.net. Webhosting.net prohibits you from hyperlinking directly to any other webpage or content within the Website without its prior written permission. Webhosting.net only consents to hyperlinks in which the hyperlink and the webpages that are activated by the hyperlink do not: (1) duplicate the content of the Website; (2) frame or create any other border around the content or any webpages on the Website or use other techniques that alter in any way the visual presentation or appearance of any content within the Website; (3) misrepresent your relationship with Webhosting.net or otherwise create a false affiliation, connection, or association with Webhosting.net; (4) imply that Webhosting.net approves or endorses you, your website, or your services or product offerings; (5) present a false or misleading impression about Webhosting.net or otherwise damage the goodwill associated with the Webhosting.net name or trademarks; (6) use Webhosting.net trademarks in webpage text, metatags, or hidden text to gain higher rankings from search engines; or (7) use Webhosting.net name, trademarks, service marks, colors, logos, or any other brand features of Webhosting.net. Webhosting.net may revoke this limited license—that is, permission to hyperlink—at any time. If Webhosting.net revokes this limited license, you will immediately remove all hyperlinks to the Website and stop using the Webhosting.net trademark. Webhosting.net will disable any unauthorized hyperlinks or frames, and disclaims any responsibility for the content available on any other website reached by hyperlinks to or from the Website.

10 – Hyperlinks to Third-Party Websites

10.1 As a convenience to you, Webhosting.net may provide on this Website hyperlinks to websites owned or operated by other entities that are completely independent from Webhosting.net. If you access any of these hyperlinked websites, you will leave this Website. If you decide to visit any hyperlinked website, you do so at your own risk and subject to any terms and privacy policies posted on the hyperlinked websites. Webhosting.net encourages you to review the terms and privacy policies posted on all hyperlinked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Webhosting.net does not maintain, control, or govern hyperlinked websites, regardless of the hyperlinking form (e.g., hotlinks, hypertext links, IMG links). Webhosting.net does not investigate, verify, monitor, or endorse the content, accuracy, opinions expressed, and other hyperlinks provided by hyperlinked websites. Webhosting.net does not endorse, make any representations regarding, or warrant any information, goods, or services appearing or offered on any hyperlinked website, other than linked information authored by Webhosting.net. Hyperlinks do not imply that Webhosting.net or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the hyperlinks, or that any hyperlinked website is authorized to use any service mark, trademark, trade name, logo, or copyright symbol of Webhosting.net. Except for hyperlinks to information authored by Webhosting.net, Webhosting.net is neither responsible for nor will it be liable under any theory based on (1) any hyperlinked website; (2) any information or content found on any hyperlinked website; or (3) any websites linked to or from any hyperlinked website. If you decide to visit any hyperlinked websites or transact any business on them, you do so at your own risk. Webhosting.net reserves the right to discontinue any hyperlinked website at any time without prior notice. Please contact the webmasters of any hyperlinked websites concerning any information, goods, or services appearing on them.

11 – Website Availability; Access; Termination and Suspension

11.1 While we will try our best to make sure that this Website is always available, we do not guarantee continuous, uninterrupted, or secure access to the Website. Many factors or circumstances outside of our control may interfere with or adversely affect our operation of the Website.

11.2 We may suspend access to this Website temporarily without notice for system failure, maintenance or repair, or reasons beyond our control. We may change or delete this Website. We have no liability to you or any other person if we exercise our right to change or delete this Website.

11.3 In addition to its other remedies, Webhosting.net may immediately discontinue, suspend, terminate, or block your and access to this Website if we believe that you have violated or otherwise failed to follow these terms.

12 – Reliance on Information Posted

12.1 The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on this information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

12.2 This Website may include content provided by third parties, including materials provided by other users and third-party licensors. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Webhosting.net, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Webhosting.net. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13 – Disclaimer of Warranties

13.1 We provide you access to this Website—including any mobile or application variations—and its content “as is,” “with all faults,” and “as available.” You assume the entire risk for satisfactory quality, performance, accuracy, and effort. Webhosting.net makes no representations or warranties of any kind—express or implied—about the operation of the Website or the content, information, or the materials found on this Website. To the greatest extent permissible under applicable law, Webhosting.net disclaims all warranties – express, statutory, or implied—for any of the materials, content, or information on this Website or any goods or other products or services offered, sold, or displayed on this Website or for your use of this Website generally. This disclaimer includes any warranties of (1) merchantability, (2) fitness for a particular purpose, (3) workmanlike effort, (4) accuracy, (5) completeness, (6) reliability, (7) suitability, (8) security, (9) privacy, (10) title, (11) exclusivity, (12) quiet enjoyment, (13) noninfringement, and warranties that your access to the Website will be (14) uninterrupted, (15) error-free, or that (16) data loss will not happen. Webhosting.net further makes no guarantees that the quality and reliability of any information and hosting services obtained from Webhosting.net will meet your needs, expectations, and requirements; be virus-free; or perform error- and damage-free. There are no warranties that extend beyond the face of these terms or that arise because of course of performance, course of dealing, or usage of trade.

13.2 We do not make any promise about the results that you may obtain from your use of this Website or the services, or about the accuracy, completeness, reliability, security, or currency of the content. The Website may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the reliability of any statement or other information displayed or distributed through the Website. We do not warrant the truth or validity of any information provided on or through the Website. We may correct any errors or omissions in any part of the Website. If you believe you have found errors or omissions on the Website, you may bring them to our attention by contacting us at legal@webhosting.net.

13.3 You acknowledge that your use of this Website is at your sole risk and you alone will be responsible for any loss or damage that you may suffer from any content located on the Website. You assume all risk and responsibility for any loss or damages to your computer system, data, and business from your use of the Website or services.

14 – Disclaimer of Liability; Release

14.1 We disclaim any liability or responsibility to you for any of the following:

14.1.1 Errors, mistakes, or inaccuracies of content;

14.1.2 Personal injury or property damage of any nature resulting from your access to the Website or services;

14.1.3 Information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, libelous, invasive of privacy, or illegal;

14.1.4 Unauthorized access to or use of Webhosting.net secure servers and any personal or financial information stored in them;

14.1.5 Unauthorized access to or alterations of your account, transmissions, or data;

14.1.6 Interruption or cessation of transmission to or from the Website or Webhosting.net servers;

14.1.7 Bugs, viruses, Trojan horses, or the like that may be sent to or through the Website or Webhosting.net servers by any person;

14.1.8 Incompatibility between the Website and your other services, hardware, or software;

14.1.9 Any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Website; or

14.1.10 Loss or damage of any kind incurred because of the use of any content posted, emailed, sent, or otherwise made available through the Website or services.

14.2 You release us from all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, disclosed or undisclosed, arising out of your use of the Website, including disputes with one or more other users or other persons.

15 – Exclusion of Damages; Exclusive Remedy

15.1 Unless caused by our gross negligence or our willful and wanton misconduct, we will not be liable to you for damages of any kind, including direct, indirect, special, consequential, incidental, punitive, reliance, or exemplary damages—whether in tort, contract, or any other legal theory—arising out of your access or your inability to access the Website or the content contained on or accessed through the Website. We are also not liable to you for any damages for loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business arising out of your access of or your inability to access the Website or the content contained on or accessed through the Website. This exclusion includes damages from your reliance on any information obtained from Webhosting.net, or that results from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Webhosting.net’s records, programs, or the Website. This exclusion applies even if you told us of the possibility of these damages or we knew or should have known about the possibility of these damages.

15.2 If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. Our maximum liability arising from your use of the Website will not exceed the total amount you have paid to us to use the Website. If you paid us nothing, we owe you nothing.

16 – Scope of Disclaimers, Exclusions, and Limitations

16.1 The disclaimers, exclusions, and limitations contained in sections 13, 14, and 15 apply to the greatest extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you.

17 – Loss Payment (aka Indemnification)

17.1 In General. You must pay us for any loss of ours that is caused by (1) your access of the Website, (2) your violation of these terms, (3) your violation of rights of a third party, (4) your conduct on the Website, or (5) your negligent or intentional misconduct. But you need not pay to the extent that the loss was caused by our intentional misconduct.

17.2 Definitions

17.2.1 Loss means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.

17.2.2 A loss is caused by an event if the loss would not have happened without the event, even if the event is not a proximate cause of the loss.

17.3 Our Duty to Notify. If we have your contact information, we will notify you before the 30th day after we know or should reasonably have known of a claim for a loss that you might be compelled to pay. Our failure to give you timely notice does not end your duty, except if that failure prejudices your ability to mitigate losses (but this exception does not apply if we do not have your contact information).

17.4 Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we direct you to control the defense. You and we must cooperate with each other in good faith on a claim.

17.5 No Exclusivity. Our rights under this section do not affect other rights we might have.

18 – Compliance with Laws

18.1 Webhosting.net makes no representation that the content and materials are appropriate or available for use outside the United States. You assume all knowledge of applicable law and are responsible for compliance with these laws. You will not access the Website if prohibited in your jurisdiction or use the Website in any way that violates applicable governing laws, regulations, or other government requirements. You will not submit any content that encourages conduct that could be a criminal offense, give rise to civil liability, or otherwise violates any applicable governing law or regulation.

19 – Governing Law; Place for Resolving Disputes

19.1 Florida law governs these terms without regard for any choice-of-law provisions that might direct the application of the laws of any other jurisdiction. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a “sale of goods.”

19.2 Except for disputes subject to arbitration, all disputes arising under these terms or your access to the Website or the services will be subject to the exclusive jurisdiction and venue of the courts in the State of Florida. You hereby submit to the personal jurisdiction of the courts in the State of Florida to resolve all disputes not subject to arbitration. You hereby waive any right to seek another forum or venue because of improper or inconvenient forum.

19.3 This Website will be deemed solely based in the State of Florida and will be deemed a passive website that does not give rise to personal jurisdiction over Webhosting.net, either specific or general, in any other jurisdiction.

20 – Dispute Resolution

20.1 In General. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met the duties under these terms. The parties will first meet and negotiate with each other in good faith to try to resolve all disputes between the parties relating to these terms.

20.2 Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution provision.

20.3 Mediation. If the parties cannot settle a dispute through negotiation within a period of 30 days, then either party may, by notice to the other party and the American Arbitration Association, demand mediation under the Commercial Mediation Rules of the American Arbitration Association. The parties will conduct the mediation in Miami-Dade County, Florida. Each party will bear its own costs in mediation and the parties will share equally between them all third-party mediation costs unless the parties agree otherwise in writing.

20.4 Arbitration

20.4.1 If the parties fail to settle all disputes within 30 days after service of a written demand for mediation, the parties will settle any unresolved dispute arising out of these terms, the Website, or the services by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. A single arbitrator will preside over the arbitration and issue a final award on all issues submitted to arbitration. The parties will conduct the arbitration at a place located in Miami-Dade County, Florida. The parties will share equally the costs of arbitration, including the fees and expenses of the arbitrator, and each party will bear the costs associated with its case, subject to the prevailing party’s right to recover costs and fees under these terms.

20.4.2 This section and the arbitrator’s authority to grant relief are subject to (1) the Federal Arbitration Act, 9 U.S.C. §§ 1–16, et seq.; (2) these terms; and (3) the American Arbitration Association Code of Ethics for Arbitrators in Commercial Disputes. The arbitrator may not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms, and the arbitrator’s decision will be final and binding. Any court of competent jurisdiction may confirm and enforce the arbitrator’s award. The Federal Arbitration Act will govern any post-award proceedings.

20.4.3 Unless required by law, neither a party nor an arbitrator will disclose the existence, content, or results of any arbitration under these terms without the advance written consent of both parties.

20.5 Waiver of Jury Trial. Both parties hereby waive the right to a trial by jury for any dispute arising out of these terms, the Website, or the services. This waiver will be enforceable up to and including the first day of trial, and even if the parties waive arbitration.

21 – Class Action Waiver

21.1 The parties must conduct any proceedings to resolve or litigate any dispute in any forum only on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.

22 – Right to Injunctive Relief

22.1 Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full payment if the other party violates these terms, and that an aggrieved party may seek injunctive relief if a violation happens, besides seeking all other remedies available at law or in equity.

23 – Limited Time to Bring Claims

23.1 A party to these terms must bring any claim that party may have against the other party that arises out of these terms, the Website, or the services within one-year after the claim arises. If a party fails to bring any claim that party may have against the other party within this one-year period, the claim is permanently barred.

24 – General Provisions

24.1 Entire Agreement. These terms—together with the privacy policy and any other legal notice published by us on the Website (including the MSA if applicable)—form the entire agreement between you and us for your access to the Website. It supersedes all earlier or contemporaneous agreements between you and us for access to the Website. A printed version of these terms and of any notice given in electronic form will be admissible in any proceedings based on or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and kept in printed form.

24.2 Copy of these Terms. You may—and we recommend that you—print these terms on your printer or save them to your computer. If you are having trouble printing a copy, please contact us at legal@webhosting.net and we will email you a copy.

24.3 Changes. We may change these terms on one or more occasions. We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the “last updated” date noted at the top of the webpage. Changes will not apply to ongoing disputes or to disputes arising out of events happening before the posted changes. It is your responsibility periodically to check the Website to review the most current terms. While we will try to notify you of any changes to these terms, we do not assume a duty to do so. By continuing to use the Website or the services after we post changes to these terms, the revised terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at legal@webhosting.net.

24.4 Assignment and Delegation. We may assign any rights and delegate any performance under these terms to an affiliate or third party. You may not assign your rights or delegate your performance under these terms without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.

24.5 Waiver. If we do not enforce any right or provision of these terms, that failure does not waive our right to do so in the future.

24.6 Severability. If any provision of these terms is for any reason held unenforceable, that provision will be changed to the extent necessary to make it enforceable without losing its intent. If no change is possible, that provision will be severed from the rest of these terms.

24.7 Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not prevent the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties (including the MSA), or otherwise.

24.8 Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate performance under these terms.

24.9 Force Majeure. We are not responsible for any failure to perform if unforeseen circumstances or causes beyond our reasonable control delays or continues to delay our performance, including:

24.9.1 Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;

24.9.2 War, riot, arson, embargoes, acts of civil or military authority, or terrorism;

24.9.3 Fiber cuts;

24.9.4 Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;

24.9.5 Failure of the telecommunications or information services infrastructure; or

24.9.6 Hacking, SPAM, or any failure of a computer, server, network, or software.

24.10 Costs and Legal Fees. In any dispute between the parties, a court or tribunal of competent jurisdiction will award the prevailing party all reasonable costs and legal fees incurred in enforcing or defending these terms.

24.11 Notices.

24.11.1 Sending Notice to Us. You may send notice to us by email, by calling our customer service department, or by writing to us using the contact information shown on the Website. We will consider an electronic notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information by posting the change on the Website. Please check the contact area of the Website for the most current information for sending notice to us.

24.11.2 Sending Notice to You – Electronic Notice. You consent to receive notice from us in electronic form by either (1) email to the last known email address we have for you or (2) posting the notice on a location on the Website chosen for this purpose. We will consider notices sent to you by email received when our email server shows transmission to your email address. You state that any email address you gave us is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email message you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.

24.12 Authorization and Permission to Send Emails to You. You hereby authorize us to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications relating to our products and services. This authorization will continue until you ask us to remove you from our email list.

24.13 Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages sent to us or from us as open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and named recipients to read. Users or operators of the Website may read all messages you send to the Website regardless if they are intended recipients.

24.14 Telephone Communications Not Private. You are aware that Webhosting.net may on one or more occasions call you about your account, and that, for the purposes of all calls, you do not have any reasonable expectation of privacy during those calls. You hereby consent to allow Webhosting.net, in its sole discretion, to record the entirety of any calls regardless of whether Webhosting.net asks you on any particular call for consent to record that call. You further acknowledge that, to the extent permitted by applicable law, any recording may be submitted as evidence in any legal proceeding in which Webhosting.net is a party.

24.15 Electronic Signatures. Any affirmation, assent, or agreement you send through this Website will bind you. You acknowledge that when you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

24.16 Consumer Rights Information—California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:

Webhosting.net, Inc.
36 NE 2nd Street
Suite #550
Miami, Florida 33132
(800) 709-9110 or (305) 400-6700
legal@webhosting.net

Users who wish to gain access to the customer-only section of the Website must be a customer in good standing.

24.17 Complaints—California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.

24.18 Contact Information. If you have any questions about these terms, please contact us by email or regular mail at the following address:

Webhosting.net, Inc.
Attn: Legal Department
36 NE 2nd Street
Suite #550
Miami, Florida 33132
legal@webhosting.net

25 – Usages. In these terms, the following usages apply:

25.1 Actions permitted under these terms may be taken at any time and on one or more occasions in the actor’s sole discretion.

25.2 References to a statute will refer to the statute and any successor statute, and to all regulations promulgated under or implementing the statute or successor, as in effect at the relevant time.

25.3 References to numbered sections in these terms also refer to all included sections. For example, references to section 6 also refer to sections 6.1, 6.1(A), etc.

25.4 In computing periods from a specified date to a later specified date, the words “from” and “commencing on” (and the like) mean “from and including,” and the words “to,” “until,” and “ending on” (and the like) mean “to but excluding.”

25.5 References to a governmental or quasi-governmental agency, authority, or instrumentality will also refer to a regulatory body that succeeds to the functions of the agency, authority, or instrumentality.

25.6 “A or B” means “A or B or both.” “A, B, or C” means “one or more of A, B, and C.” The same construction applies to longer strings.

25.7 “Including” means “including, but not limited to.”