wmo legal

HOsting terms of use

Last Updated: 7/2012

All users of Webmercialonline's services, and all customers upon signing up for Webmercialonline's services, agree to comply with Webmercialonline's Terms of Use ("TOU"). The spirit of the TOU is to ensure customers are using Webmercialonline's services with due regard to the rights of other Internet users and in conformity with the requirements of Webmercialonline's network environment. The TOU are not exhaustive and Webmercialonline reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.Webmercialonline.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to abuse@webmercialonline.com. The TOU supersedes any other agreement with Webmercialonline, whether written, oral, by conduct, or otherwise.

A. Webmercialonline Web Hosting & Ecommerce Customer Restrictions B. Webmercialonline Dedicated Server Customer Restrictions C. All Webmercialonline Customer Terms of Use D. All Webmercialonline Customer Billing Policy

A. Webmercialonline Web Hosting & Ecommerce Customer Restrictions

The following Terms of Use apply only to Webmercialonline's Web Hosting and Ecommerce customers, and supplement the terms in sections C and D that apply to all Webmercialonline customers:

Server Resources

Any Web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Webmercialonline will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US$9.95/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Webmercialonline's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Webmercialonline server, and selling or distributing software (on a Web site residing on a Webmercialonline server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Webmercialonline reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

CGI scripts

Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Webmercialonline does not permit CGI script sharing with domains not hosted by Webmercialonline or any scripts that may be abused for UCE purposes.

Chat Rooms

Webmercialonline does not allow Web Hosting and Ecommerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, Webmercialonline provides Java chat rooms that meet most users' needs and run without hindering system performance.

Background Running Programs and Cron Jobs

Webmercialonline may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Webmercialonline at support@Webmercialonline.com so that we can arrange set-up.

 

IRC

Webmercialonline does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers.

Software Distribution

Webmercialonline's Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact sales@Webmercialonline.com to make special arrangements.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. Webmercialonline Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Databases

Any database stored on Webmercialonline's Web Hosting and Ecommerce servers will be limited in size to 10% of the total disk space allotted for that particular domain's plan/web hosting account.

B. Webmercialonline Dedicated Server Customer Restrictions

The following Terms of Use apply only to Webmercialonline's Dedicated Server customers, and supplement the terms in sections C and D that apply to all Webmercialonline or hostpaks customers:

Customer Security Responsibilities

The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.

IRC

Webmercialonline allows Dedicated Server customers the use of IRC inside the Webmercialonline network as long as the use of IRC on a Webmercialonline server does not violate any of the other terms of these TOU. As a policy, Webmercialonline will not provide vanity IRC reverse DNS records. To enforce this policy Webmercialonline does not turn the reverse address of IPs over to the customer. Authority over this information remains with Webmercialonline.

Billing for Network Resources

The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

C. All Webmercialonline Customer Terms of Use

The following Terms of Use apply to ALL Webmercialonline and Hostpaks customers:

Webmercialonline Services

Webmercialonline's services include, but are not limited to:

  1. any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that Webmercialonline provides to customers);

  2. any use by customers, or any access provided to customers by Webmercialonline, of computing, telecommunications, software, information, hardware, and equipment;

  3. any act, or provision of any service, by Webmercialonline to customers, related to Web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;

  4. any provision by Webmercialonline to customers, of any space, Internet connectivity, or electrical power;

  5. any access or use related to the Webmercialonline's Web site, including the Web site itself;

  6. any other service mentioned in the TOU;

  7. any other service provided by Webmercialonline to customers, whether used or not;

  8. any other Webmercialonline services that are used by customers, whether offered or provided by Webmercialonline to customers.

Ownership of Web Site

The legal owner of customers' Web sites and accounts with Webmercialonline will be the individual or organization whose name is listed in Webmercialonline's database as the owner. Customers will fully cooperate with and abide by any and all of Webmercialonline's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with Webmercialonline.

Illegal Use

Webmercialonline servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Webmercialonline services, all Webmercialonline customers certify that they and/or the organization they represent in procuring services from Webmercialonline are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

Spamming

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Webmercialonline's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Webmercialonline server, and selling or distributing software (on a Web site residing on a Webmercialonline server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Webmercialonline reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.

Viruses and Other Destructive Activities

Use of Webmercialonline's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Webmercialonline's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

Copyright Violations

The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Webmercialonline customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Webmercialonline customer (per the DMCA) to Webmercialonline must follow the below procedures. Copyright infringement notifications submitted to Webmercialonline according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Webmercialonline's sole discretion. DMCA Copyright Infringement Notification Requirements

  • Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
  • Identification of the copyrighted work(s) claimed to have been infringed.
  • Identification of the material claimed to infringe the copyright(s), and enough information for Webmercialonline to locate it including URLs and specific descriptions of the infringing material at each URL.
  • The Claimant's name, address, and telephone number(s).
  • A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
  • A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
  • Mail the notification to:Webmercialonline Corporation DMCA Complaints Two Pershing Square 2300 Main Street 9th Floor Kansas City,MO. 64148 USA

Adult Content

Pornography and sex-related merchandising are prohibited on Webmercialonline or Hostpaks servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.

Child Pornography

The use of Webmercialonline's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Webmercialonline is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

Privacy

Webmercialonline is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Webmercialonline urges its customers to assume that all of their on-line communications are insecure. Webmercialonline cannot take any responsibility for the security of information transmitted over Webmercialonline's facilities. Additional details on privacy and Webmercialonline's use of customer information can be found in Webmercialonline's Privacy Statement located here.

Customer Responsibility

Customers are required to use the Webmercialonline network responsibly. This includes respecting the other customers of Webmercialonline. Webmercialonline reserves the right to suspend and/or cancel service with any customer who uses the Webmercialonline network in such a way that adversely affects other Webmercialonline customers. While Webmercialonline may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Webmercialonline does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Webmercialonline becomes aware of any violation of the TOU or other user agreements, Webmercialonline may take any action to stop or correct such violation, including, but not limited to, denying access to Webmercialonline's services and equipment or to the Internet. In addition, Webmercialonline may take action against a customer or a customer of such customer because of the activities of such customer. Webmercialonline anticipates that customers who offer Internet services will cooperate with Webmercialonline in any corrective or preventive action that Webmercialonline deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Webmercialonline policy and Webmercialonline reserves the right to take any such action even though such action may affect other customers of the Webmercialonline customer.

Actions Taken by Webmercialonline

The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Webmercialonline will be the sole arbiter as to what constitutes a violation of the TOU. Webmercialonline reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Webmercialonline becomes aware of an alleged violation of its TOU, Webmercialonline will initiate an investigation. During the investigation, Webmercialonline may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Webmercialonline may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Webmercialonline will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Webmercialonline does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Webmercialonline.

Indemnification

Webmercialonline customers agree to protect, defend, hold harmless, and indemnify Webmercialonline, any third party entity related to Webmercialonline (including, without limitation, third party vendors), and Webmercialonline's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Webmercialonline, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Webmercialonline's services.

Disclaimer

The Webmercialonline service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Webmercialonline expressly disclaims any representation or warranty that the Webmercialonline service will be error-free, secure or uninterrupted. No oral advice or written information given by Webmercialonline, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Webmercialonline and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency

If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Webmercialonline may immediately terminate provision of Webmercialonline's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Webmercialonline in such event.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Webmercialonline (INCLUDING, WITHOUT LIMITATION, Webmercialonline'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Webmercialonline, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Webmercialonline'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Webmercialonline SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Webmercialonline SERVICES EVEN IF Webmercialonline HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Webmercialonline'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Webmercialonline'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Webmercialonline OR Webmercialonline'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications

Webmercialonline may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Webmercialonline's services. Certain changes to Webmercialonline's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Webmercialonline is not liable, for any and all such personalized applications and content, except as expressly agreed to by Webmercialonline.

Backup of Data

Except where Webmercialonline has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Webmercialonline or Hostpaks is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Webmercialonline services.

Third Party Licenses

Webmercialonline makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Webmercialonline makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Webmercialonline specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Webmercialonline liable in any way for the revocation of any license, which has been licensed to Webmercialonline. The use of the Technologies obtained from or through Webmercialonline, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-Webmercialonline or Hostpaks Products

Any mention of non-Webmercialonline or Hostpaks products by Webmercialonline, its employees, or any third party entity related to Webmercialonline is for information purposes only and does not constitute an endorsement or recommendation by Webmercialonline. Webmercialonline disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Webmercialonline products or services.

Webmercialonline's Intellectual Property

Customers will not, without Webmercialonline's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Webmercialonline's Web site, and customers will not use any of Webmercialonline's trademarks, service marks, copyrighted materials, or other intellectual property without Webmercialonline's express written consent. Customers will not, in any way, misrepresent their relationship with Webmercialonline, attempt to pass themselves off as Webmercialonline, or claim that customers are Webmercialonline or Hostpaks.

Assignment

Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Webmercialonline's services, either in whole or in part, without the prior written consent of Webmercialonline.

Minimum Age Requirement

Webmercialonline customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Webmercialonline customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Webmercialonline services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Webmercialonline's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Webmercialonline's services will be deemed null and void to the extent that Webmercialonline will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Webmercialonline's services.

Governing Law and Severability

The TOU, and any other agreement for Webmercialonline services, will be governed by and construed in accordance with the laws of the State of Illinois, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Webmercialonline will take place in Illinois, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Webmercialonline agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure

Webmercialonline will not be liable for delays in its performance of the TOU or Webmercialonline services caused by circumstances beyond Webmercialonline's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Webmercialonline will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Webmercialonline services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Webmercialonline.

Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Webmercialonline and its customers. Each of Webmercialonline and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation

Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity

The TOU, and/or any other specific agreement for Webmercialonline services, constitutes the complete understanding and agreement between Webmercialonline and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Webmercialonline, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Webmercialonline services is between Webmercialonline and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Webmercialonline.

D. All Webmercialonline Customer Billing Policy

The following Terms of Use constitute Webmercialonline's Billing Policy and apply to ALL Webmercialonline customers:

Payments

All charges are shown in US Dollars. Payments are to be made in US dollars. Webmercialonline accepts the following types of payment:

  • Check or Money Order
  • Credit Card (VISA, MasterCard)
  • Bank WireTransfer
  • PayPal (hosting clients can pay to sales@hostpaks.com) hostpaks.com is a division of webmercialonline.

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Webmercialonline your credit card information, you authorize Webmercialonline to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Webmercialonline's Billing Policy in the TOU. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. Webmercialonline will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying Webmercialonline, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date. Accounts that are thirty (30) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.

Billing Cycles (Terms)

Webmercialonline offers three Billing Cycles (terms) for hosting charges: Monthly, Quarterly (3 months) and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the monthly Billing Cycle for all of their charges. Non-credit card payment methods are limited to Annual or Quarterly Billing Cycles. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal. All additional features added to an account are charged monthly. Additional items are non-refundable.

Account Renewals

In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below. Important Notice Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify Webmercialonline that you would like to cancel your account.

Statements
Webmercialonline does not mail paper invoices or statements. Statements can be viewed and printed through SiteControl. Customers may elect to receive their monthly account billing statement via email. This option may be selected in SiteControl.
Fees
  • Returned (NSF) Checks Webmercialonline charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
  • Credit Card Chargebacks A $25.00 chargeback fee will be assessed for each credit card chargeback received by Webmercialonline.
  • Bank Wire Payments Webmercialonline does NOT charge fees for accepting payment via bank wire, however, international wire transfers may be assessed a $20.00USD processing fee by an intermediary bank in New York. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to Webmercialonline or the amount credited to your account will be less than your intended payment.
  • Reactivation Customers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. A $99.95 fee will be assessed if Webmercialonline restores your data files to your reactivated account.
  • Hosting Plan Changes Customers electing to change to a lower priced hosting plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.
  • Platform Change Customers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee.
  • Account Splits and Mergers Webmercialonline encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that Webmercialonline separate one or more plans contained under one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to: billing@webmercialonline.com.

Cancellations

Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact Webmercialonline's Customer Relations Team, Monday through Friday, 9:00 A.M. to 7:00 P.M. Central Time, at (1-888-255-0151). Webmercialonline's Customer Relations Specialists will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-US customers may contact Webmercialonline's Billing Team via email at billing@webmercialonline.com. Cancellation requests must be received by Webmercialonline a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Webmercialonline. Webmercialonline is unable to cancel your account effective for a future date. Webmercialonline will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Webmercialonline as soon as possible. Webmercialonline does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Webmercialonline's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Webmercialonline Corporation reserves the right to cancel any account, at any time, without notice, for any reason Webmercialonline Corporation considers appropriate.

30-Day Money Back Guarantee

Each of Webmercialonline's shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration; dedicated servers; items and services ordered through the reseller program; domain parking plus; and overage fees.

Refund Policy

Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.

Credit Card Disputes/Chargebacks

Webmercialonline has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Webmercialonline's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.

Billing/Price Changes

Webmercialonline's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.