1st Host Web Terms and Conditions
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by 1stHostWeb (the "Services"). As used in this Agreement, "1stHostWeb" means 1stHostWeb.com and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the 1stHostWeb site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "1stHostWeb Site" refers to the Site located at the URL http://www.1sthostweb.com or any other successor Sites owned or maintained by 1stHostWeb.
1. APPROPRIATE USE OF THE SERVICES.
1stHostWeb provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any 1stHostWeb server in connection with Client's use of the Services which:
Bandwidth. Client may occupy only the amount of disk space on the 1stHostWeb Server and utilize no more than the network bandwidth that is allotted by 1stHostWeb. If disk space and/or network bandwidth allowance of the plan are exceeded, the server will suspend the site. At that time you may upgrade bandwidth or diskspace or wait until the site is reset at the beginning of the following month.
No SPAM. Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited Email practices at 1stHostWeb, or otherwise, that mentions or reference any domain hosted on 1stHostWeb servers or parked on 1stHostWeb DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, RESELLERS AND THEIR RESOLD ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy.
Software Only. Client agrees to use only properly licensed third party software
in connection with Client's use of the Services.
Termination. 1stHostWeb reserves the right to refuse service to anyone. 1stHostWeb, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact sales@1stHostWeb.com .
Domain name transfers
1stHostWeb.com through OnlineNic.com will only transfer unexpired domains. OnlineNic.com requires at least two weeks lead time prior to domain expiration in order to submit a transfer request. A transfer request should ideally be requested at least six weeks prior to the domain name expiration. The domain name transfer process may take two weeks or longer to be completed, depending upon the original registrar and other factors.
Your current contact information on the official Whois record must be up to date. OnlineNic.com and your original registrar will contact you or your administrative contact by email sent to the current administrative email contact on record for the domain. You or your administrative contact must then respond by email to the authorization request with in 72 hours of receipt in order for a successful transfer to occur. It is extremely important that you respond within 72 hours to any authorization request you receive by email from your original registrar and OnlineNic.com .
A registrar request requires approval and processing by your original registrar. It is your responsibility under this agreement to monitor the status of your transfer request and to maintain communication with your original registrar and with OnlineNic.com to ensure that your request is successfully completed. Please coordinate your domain transfer with your original registrar and closely monitor the domain’s status.
1stHostWeb.com services are performed at the time you submit your order. To help ensure a successful transfer request, you must verify that your contact information on the Whois record is accurate, your domain is in good standing with your original registrar and that you have allowed adequate time for your original registrar to receive and process your transfer request prior to the domain expiration date. Because service is performed at the time your order is placed, 1stHostWeb.com does not offer refunds or exchanges on transfer orders.
2. PAYMENT OBLIGATIONS
Service Fees. For excessive
bandwidth or disk storage, 1st Host Web shall either (i) debit Client's credit
card (where such information is provided by Client) or (ii) deliver by Email an
invoice to Client in accordance with the applicable Services fees for services
rendered for the current year. Where an invoice is delivered to Client, Client
shall remit payment to 1st Host Web by no later than 10 days after the specified
payment due date. 1st Host Web shall be entitled to immediately terminate this
Agreement for Client's failure to make timely payments to 1st Host Web. Certain
services carry a set-up fee charged by 1st Host Web to Client that must be paid
by Client in order to have use of the Services. If Client terminates this Agreement
in accordance with Section 4 hereunder, Client shall be responsible for any outstanding
fees owed to 1st Host Web and agrees to pay any and all fees incurred by Client.
Because the Services are provided on a monthly basis, Client will be responsible
for Service fees incurred each month regardless of when Client provides notice
of termination. Thus, for example, if Client provides notice to terminate on the
15th of a particular month, Client will still owe fees for the entire month and
such fees will not be pro-rated or refunded. If Client has retained the Services
for one (1) year and has pre-paid 1st Host Web for such Services, refunds will
be issued for any unused full month month portions less one month of the Services
upon Clients request. Therefore, if Client's account is cancelled at any point
during the one (1) year term, Client will be entitled to a refund for all but
one of the full months remaining after notice given by the 25th of the preceding
month. The are no refunds on setup fees.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall 1stHostWeb be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless 1stHostWeb from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
to the terms and conditions hereof, this Agreement shall be effective on the date
you register for the Services, and shall continue in effect on a month-to-month
basis unless otherwise specified by separate agreement (the "Term")
unless terminated earlier pursuant to the provisions of this Section 4. Either
party will have the right to terminate this Agreement upon notice to the other
party. If Client is terminating this Agreement, Client must follow instructions
for cancellation provided on the Server Cancellation Information page. All cancellation
requests must be received by the end of the respective month of cancellation.
Any other attempt by Client to cancel this Agreement by written or Email notice
shall be void. Sections 3 - 8 shall survive termination or expiration of this
Client will pay and indemnify and hold 1stHostWeb harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE 1stHostWeb SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE 1stHostWeb SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. 1stHostWeb DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, 1stHostWeb SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL 1stHostWeb BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE 1stHostWeb SITE OR ANY 1stHostWeb PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL 1stHostWeb CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
If to 1stHostWeb:
If to Client:
and address provided for account setup.
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by 1stHostWeb. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to its conflict of law rules. This Agreement and 1stHostWebs policies are subject to change by 1stHostWeb without notice. Continued usage of the Services after a change to this Agreement by 1stHostWeb or after a new policy is implemented and posted on the 1stHostWeb Site constitutes your acceptance of such change or policy. We encourage you to regularly check the 1stHostWeb Site for any changes or additions.
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