BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO. YOU ARE SOLELY RESPONSIBLE FOR USE OF THE SERVICES BY ANY OF YOUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS AND ANY OTHER END USER OF THE SERVICES (COLLECTIVELY, THE "END-USERS").  YOU AGREE TO ENSURE THAT, END-USERS COMPLY WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, ANY APPLICABLE DOMAIN NAME REGISTRATION AGREEMENTS AND ALL POLICIES AND GUIDELINES (ALL AS AMENDED FROM TIME TO TIME) INCORPORATED BY REFERENCE HERETO.

Webproservers.net reserves the right to change or modify this Agreement, and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to customers. Any changes or modification will be posted by Webproservers.net, and become effective upon posting of the revisions on the Site. Webproservers.net will post a notice of such changes or modifications on the Site for thirty (30) days. You are responsible for regularly reviewing the Site to obtain timely notice of such changes or modifications. Your continued use of the Services following Webproservers.net posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF YOU DO NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY PROVIDE NOTICE OF TERMINATION OF THIS AGREEMENT IN ACCORDANCE WITH SECTION 1.1 BELOW.

1. Term and Payment for Services

Term and Termination. The Services are provided on a fixed term basis and shall be provided, unless Webproservers.net receives additional payment from you, until the last day of the fixed term ("Termination Date"). Either party may at any time terminate this Agreement, prior to the Termination Date, provided that Webproservers.net will provide the Services until the Termination Date. Subject to 1.2 below, no credits shall be provided to you for the value of the Services between the date that you notify Webproservers.net that you no longer wish to receive the Services and the Termination Date.

Liability and Obligations on Termination. Should the Agreement expire or be terminated for any reason, Webproservers.net will not be liable to you because of such expiration or termination for compensation, reimbursement or damages on account of the loss of profits or sales (anticipated or actual), goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from such termination or expiration. Any termination of this Agreement shall not relieve you of any obligations to pay fees and costs accrued prior to the termination date..

Charges. You agree to pay all fees and charges (and applicable taxes) incurred which relate to your use of the Services, in accordance with the rates, terms and conditions established from time to time by Webproservers.net. Such rates, terms and conditions will be posted on the Site or otherwise made available to you by Webproservers.net. Webproservers.net shall begin charging you on the date that you subscribe for the Services, unless otherwise specified by Webproservers.net. All prices on the Site are net of tax and you shall be responsible for the payment of all federal, state, provincial, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on Webproservers.net net income.

Payment. All charges for the Services must be paid in advance according to the then current price applicable to the Services. When ordering the Services through the sign-up server at the Site, you must elect to pay for the Services by credit card or Bank Deposit. Webproservers.net reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion.

Fees and Payments
a. All fees are payable in US Dollars. All payments are due on your account's Bill Day (See "Billing Cycle", for more information).

b. The following credit cards are accepted: Visa, MasterCard & American Express. If you provide us with your credit card information, you authorize Webproservers.net to automatically charge the card listed in your account for any fees due on your account. Recurring fees will be charged to the credit or debit card number listed in your account until you cancel your account in accordance with our cancellation policy. All charges made to your credit card will be posted from "COMBOTEK" on your credit card statements.

c. You are responsible for keeping updated credit card information in your account. This includes but is not limited to credit card numbers, expiration dates, CVV2 numbers or billing address.

Billing Cycle
Your "Bill Day" is the 28th day of the month. Your account will be billed on this day every month, quarter or year, depending on the payment plan you have selected.

i
Credit Card Payment. When you pay for the Services by credit card, you expressly authorize Webproservers.net or its agents to charge all fees and charges incurred by you under this Agreement to such credit card, and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card and Webproservers.net does not receive payment from the card issuer, you agree to pay all amounts due, upon demand by Webproservers.net. You must notify Webproservers.net of any changes to your credit card account (including, without limitation, applicable account number or cancellation or expiration of the account),
 

2. Use of Services

Responsibility for Use. You are responsible for use of the Services and the maintenance of all passwords related to the Services. You are solely responsible and liable for any and all activities that occur in respect of your use of the Services, including without limitation all activities of any users authorized by you or using your passwords. You are also responsible for maintaining the confidentiality of all passwords related to your use of the Services. You agree to immediately notify Webproservers.net of any unauthorized use of the Services or your passwords or of any other breach of security and to provide assistance to Webproservers.net, as requested, to stop, prevent or remedy any breach of security.

Material and Product Requirements. You must ensure that all material and data placed on Webproservers.net equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Webproservers.net. Webproservers.net will make no effort to validate any of this information for content, correctness or usability. In the event that your material is not "server-ready", Webproservers.net has the option at any time to reject this material. Webproservers.net will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of Webproservers.net. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your web site. You must have the necessary knowledge to create and maintain a web site. It is not Webproservers.net responsibility to provide this knowledge or customer support.

Domain Names. As part of the Services, you will provide Webproservers.net with a registered domain name or names or Webproservers.net will register such domain name(s) selected by you, provided that such domain name is available for registration and does not violate any registrar's policies, or any law or regulation. You agree to promptly reimburse Webproservers.net for any fees paid by Webproservers.net to any registrar with respect to the registration and maintenance of such domain name(s). In the event of any dispute or cause of action arising out of or related to your domain name used in connection with the Services, upon your request Webproservers.net will attempt to register with the registrar an alternative domain name chosen by you. You agree to be bound by the terms the registrar's then current domain name policy and/or the policies of the national DNS registration authorities to which you become subject upon registration of a domain name. The inability to use a domain name shall not entitle you to a refund by Webproservers.net of any fees paid with respect to the registration of such unusable domain name. However, in the event a domain that was registered by Webproservers.net is transferred to another service provider, and requires manual intervention by Webproservers.net support staff to complete the transfer, there will be an administrative transfer cost charged for each domain plus applicable taxes. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment with respect to domain names will NOT be refunded or credited to your credit card. You are responsible for spelling a domain name correctly while registering it online. Webproservers.net will not provide refunds or credits for misspelled domain names.

Abuse of SMTP Mail Server. We do not allow clients on our shared hosting account to send more than 1000 pieces of e-mail per domain per day and 30 emails in 10 seconds per e-mail account . If you do send more than 1000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 1000 per day please contact us to make alternative arrangements for your email account.

SPAM / UCE (Unsolicited Commercial E-mail).

Webproservers is committed to a zero-tolerance, anti-Spamming policy on our network. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the Webproservers network, by customers or any other users of the Webproservers network (including resellers' and customers' customers); AND/OR over ANY network— if the message sent advertises or mentions a site hosted on the Webproservers.net server. This also includes:

• Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of usenet groups;
• Posting obscene or threatening messages while using or referring to a Webproservers email address or web site URL;
• The use of Webproservers servers as a mail drop for responses to activities described above;
• Bulk UCE, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to Webproservers or any URL (domain) that is hosted by Webproservers;
• Unsolicited postings to newsgroups advertising any IP or URL hosted by Webproservers.
  The use of web pages set up on ISPs that allow spamming (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by Webproservers;
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to spam;
• Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Accounts canceled due to spam will be billed a "clean up" fee of $300.00

If you have any complaints or comments regarding Spam on our network, please use our contact form to submit your complaint to our abuse department.

Network Abuse. Shared hosting accounts, as the name implies operate on shared network resources. This means that there are several hosting accounts per server. Excessive use or "abuse" of these network resources by one customer have a negative impact on all other customers. In all fairness, you are not allowed to deliberately consume network resources in an excessive manner, this includes but is not limited to: CPU time, memory, and disk space. You are also not allowed to use resource-intensive programs that can negatively impact other customers or the performance of our systems. High Network traffic and throughput is not a problem for Webproservers, but extreme network traffic or uploading and downloading can sometimes create problems. Webproservers' servers are configured to shut off any account when its bandwidth allowance is exceeded. You are allowed to exceed your maximum bandwidth allowance without being shut off as long as you notify Webproservers in advance, however, you will be billed N150.00 for each additional GB of throughput on your next billing cycle.

Excessive Use/Overages. You will not exceed the bandwidth, storage and E-mail usage limits outlined by your particular web hosting package as our system is designed to put your account on hold until you have made arrangements to purchase additional bandwidth for that month. Bandwidth usage figures and additional purchased bandwidth are reset at the beginning of each month. Webproservers will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web hosting package specifications and resultant charges. Bandwidth overages are currently billed at $1/GB/month.

Miscellaneous Components. You acknowledge that the Services do not include, without limitation, content design, development, FTP master maintenance, uploading and publishing, Common Gateway Interface scripts and other such executables and that all of the foregoing are your responsibility. You may not compile or install binary files other than the ones provided by Webproservers.net. Webproservers.net does not make C compilers available and the PERL binaries provided will not have networking support (for example, socket ph, ftp.pl, etc.) You may use ftp to access your home directory for the purpose of installing and editing your web pages.

 3. Intellectual Property Rights

Webproservers.net Property. You hereby acknowledge and agree that all programs (in object code and source code form), data, services, processes, designs, technologies, materials and all other things comprising the Services are owned by and shall remain the sole property of Webproservers.net, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.  

Your Content. Webproservers.net does not claim ownership of information, materials, software or other content (collectively, the "Content") that you post, upload, input, provide, submit or otherwise transmit to Webproservers.net or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the Content to Webproservers.net or any third party, using the Services, you have thereby granted Webproservers.net a  royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by Webproservers.net for the purposes of rendering and operating the Services to you under this Agreement or to ensure adherence to or enforce the terms of this Agreement You expressly (a) grant to Webproservers.net a license to cache the Content, and (b) agree that such caching is not an infringement of any of your rights or any third party's rights.

4. Enforcement

Investigation of Violations. Webproservers.net may investigate any reported violation of this Agreement, its policies and guidelines or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its interests, including without limitation, its systems, servers, facilities, customers and/or third parties. Webproservers.net will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.

Actions. Webproservers.net reserves the right in its sole and absolute discretion to restrict or remove from its servers any content that it deems to be in violation of this Agreement, its policies or guidelines, third-party intellectual property rights or any laws. Webproservers.net may immediately take action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Services, (c) restricting or prohibiting any and all uses of content hosted on Webproservers.net systems, and/or (d) disabling or removing: (i) any hypertext links to third-party web sites, (ii) any of your content distributed or made available for distribution via the Services, or (iii) other content not supplied by Webproservers.net. It is Webproservers.net policy to terminate Services to infringers. The above stated rights of action, however, do not obligate Webproservers.net to monitor or exert editorial control over the information made available for distribution via the Services and you acknowledge that Webproservers.net has no obligation to censor or monitor use of the Services by you, or any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. In the event Webproservers.net takes action due to such possible violation, Webproservers.net shall not be obligated to refund to you any fees paid in advance of such action.

Disclosure Rights. To comply with applicable laws and lawful governmental requests, to protect Webproservers.net systems and customers, or to ensure the integrity and operation of Webproservers.net business and systems, Webproservers.net may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP address and traffic information, usage history, and content residing on Webproservers.net servers and systems. Webproservers.net also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. To the extent any inconsistency exists between any terms of Webproservers.net Privacy Policy and Webproservers.net right to disclose under this section, Webproservers.net right to disclose under this section will prevail.

5. Warranties and Disclaimers

Your Warranties and Representations to Webproservers.net. You warrant, represent, and covenant to Webproservers.net that (a) you are at least eighteen (18) years of age; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for use of the Services; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party web sites; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your Content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your Content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.

Warranty and Disclaimer. Webproservers DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Webproservers DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.Although Webproservers.net will use commercially reasonable measures to maintain the security of the Services, Webproservers.net assumes no responsibility for the effectiveness of these security measures.

Backups
Full backups are done weekly, and data incremental backup are made nightly.Webproservers.net make no guarantees of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients' responsibility to maintain local copies of their web content. If loss of data occurs due to user error, Webproservers will charge a $200.00 one time restoration fee.

6. Exclusion and Limitation of Liability

Exclusion of Liability. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL Webproservers.net, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE "Webproservers.net ENTITIES" AND EACH, A "Webproservers.net ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE Webproservers.net ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH Webproservers.net SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.

Interruption of Service. You hereby acknowledge and agree that Webproservers.net and its suppliers will NOT be liable for any delay, outages or interruptions of the Services. Further, Webproservers.net shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electrical electronic, communications or third-party supplier failure).
 

7. Indemnification

Indemnity to Webproservers.net. You hereby release and hold harmless, and agree to indemnify, the Webproservers.net Entities against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other litigation expenses) incurred by the Webproservers.net Entities, arising out of or relating to (a) your violation or breach of any term, condition, representation or warranty of this Agreement, or any applicable policy or guideline; (b) your use the Services; or (c) your violation, alleged violation, or misappropriation of any intellectual property right (including, without limitation, trademark, copyright, patent, trade secrets) or non-proprietary right of a third party (including, without limitation, defamation, libel, violation of privacy or publicity).

Third Party Beneficiaries. You are hereby notified that the Webproservers.net Entities are intended third-party beneficiaries of this Agreement, with a right of enforcement of the exclusions and limitations of liability and the indemnities contained in this Agreement.

 8. General Provisions

Entire Agreement. This Agreement, including any domain registration agreements, documents, web sites, rules, terms, policies and guidelines referenced herein, constitutes the entire agreement between Webproservers.net and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between Webproservers.net and you with respect to such matters.

No Waiver. The failure of Webproservers.net to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and Webproservers.net nor trade practice shall act to modify any provision of this Agreement.

Severability. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and Webproservers.net, and the remainder of this Agreement shall remain in full force and effect.

Successor Sites. All references to Webproservers.net web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).

Assignment. Webproservers.net may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.

Currency. All monetary amounts expressed in this Agreement are in US Dollars, unless otherwise expressly stated.

Cumulative Rights. The rights, powers and remedies of Webproservers.net in this Agreement, including without limitation the right to suspend, restrict or terminate Services, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to Webproservers.net at law or in equity.

Independent Contractors. You agree that no joint venture, partnership, employment or agency relationship exists between Webproservers.net and you as a result of this Agreement or use of the Services.

Notices. Any notices or other communications sent by Webproservers.net to you shall be deemed to have been duly given and delivered to you when delivered by email to the account specified by you when first ordering the Services.

 

Read our Privacy policy