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:
-
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);
-
any use by
customers,
or any access
provided to
customers by
Webmercialonline,
of computing,
telecommunications,
software, information,
hardware, and
equipment;
-
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;
-
any provision
by Webmercialonline
to customers,
of any space,
Internet connectivity,
or electrical
power;
-
any access
or use related
to the Webmercialonline's
Web site, including
the Web site
itself;
-
any other
service mentioned
in the TOU;
-
any other
service provided
by Webmercialonline
to customers,
whether used
or not;
-
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. |
|