Contact Information You are responsible for making sure that we have your current and correct contact information on file, by frequently logging into your Client Area. We reserve the right to send announcements and invoices relating to your services with us. No more than twice a month we may email you information on promotions or discounts relevant to services we offer. You may not report these messages as spam to spamcop or any other similar service, because that makes more work for us and less benefits for other customers. Doing so may be considered grounds for termination of your account. AxisHOST will NOT give your email address or any other contact information to any third party except under the direction of law enforcement officials.
Definitions Hosting Accounts: Individual or Reseller hosting accounts setup on a server with other Webby Enterprises LLC customers. Dedicated Server and Colocated customers are not included in this group.
Dedicated Servers: Private server(s) setup for usage by an individual customer. Customer may choose to use his or her dedicated server to host other accounts, but no other Webby Enterprises LLC. customer will be setup on a dedicated server. Managed Dedicated Server clients do not get root access unless a separate agreement is arranged outside of this ToS.
You/your: All Webby Enterprises LLC. customers and potential customers considering signing up for hosting account or dedicated server services with Webby Enterprises LLC.
Webby Enterprises LLC: Legal Limited Liability Corporation Webby Enterprises LLC.
Money Back Guarantee All new customer hosting accounts have a full money back guarantee, upon cancellation within 30 days of ordering service, if the account holder is not satisfied for any reason. The amount refunded will be the dollar amount paid to Webby Enterprises LLC, by the account holder, and to the bank account, credit or debit card or Paypal account the payment was originally paid from. Domain registration fees are not refundable. If we register a domain name, on your behalf, as part of a free registration promotion, cancellation or termination of your hosting account will void the promotion offer and you will be charged $20 per registration years remaining on your domain name registration.
You may cancel your hosting account at anytime, however Webby Enterprises LLC has a No Refund Policy. To cancel your hosting account you must submit a request via our online HelpDesk.
Dedicated servers are not covered under any money back guarantee. Dedicated server cancellations must be submitted to our online HelpDesk at least 7 days before your next invoice is due or you will be charged for an additional month. There are no partial refunds given for early termination.
If, at any time, a chargeback is issued through your credit card company, bank or Paypal (including Paypal disputes) we will immediately suspend all services listed on your billing account, including services not covered under the chargeback or dispute, and start collection efforts. Upon receiving a Chargeback, your account will be invoiced $50.00 for the Chargeback fee. Any chargebacks and chargeback fees will be charged 12% Interest Annually until paid from the date the chargeback is received.
If, at any time, your account is referred to collections, you are responsible for all collections activity charges.
Services are invoiced approximately 14 days before your billing cycle ends, with several reminders sent until the account due date. Overdue invoices are charged a nominal late fee (10% of Invoice). Hosting accounts are suspended when they go 3 days past due and terminated 30 days past due. Dedicated Servers have no grace period and are terminated when they go 5 days past due, unless previously arranged.
Billing and Payment Cycles You are responsible for logging into your Client Area to submit payment at the end of each billing cycle, unless you are set up for automatic debit from the credit card or debit card we have on file for you. Invoices are emailed, to the email address that you have on file with us in your Client Area, approximately 2 weeks before your billing cycle ends. We accept most major credit cards as well as Paypal and electronic check payment.
IMPORTANT: You can choose to pay your invoices with Paypal Subscription service. With a Paypal Subscription, you are telling Paypal to send us a certain amount of money on a certain date - UNTIL YOU TELL THEM TO STOP PAYING US. If you accidentally set up two Paypal Subscriptions, then Paypal will pay us twice. We have no way to "take" money from your Paypal account. If you accidentally overpay us via Paypal Subscription, you need to cancel your Paypal Subscriptions from within your Paypal account and contact us immediately. Webby Enterprises LLC will only refund ONE Paypal Subscription overpayment - all others will be credited to your billing account for future payments. If you cancel and still have Paypal Subscription credits left, you will lose those credits.
Liability We will make every reasonable attempt to avoid unexpected server downtime and to ensure that all hosting accounts and dedicated servers are well taken care of. Any network problem, equipment/hardware failure, data backup and storage or outage, that is not covered under our Service Level Agreement will not be grounds for reimbursement for any subsequent financial damages or losses. All hosting account and dedicated server data backups are the account holder's responsibility. Although we do make regular system-wide backups (of our hosting account servers) and dedicated server customers may choose to purchase backup services, Webby Enterprises LLC is NOT responsible for data backup integrity or subsequent loss. Shared hosting accounts and dedicated servers should not be used for mission critical websites or email that require absolute redundancy. Managed dedicated servers are not guaranteed against any hacking attempt, denial of service attack, security breech, data loss, hardware problems, loss of use, loss of income and/or any unspecified general failures and any such incident. By using the services of Webby Enterprises LLC, you agree that you will make no claim or attempt to collect for reimbursement of any financial loss or hardship related to using these services. If you need fail safe hosting services, contact us for special arrangements and related contracts.
Unsolicited E-mail (anti-spam policy) Accounts caught sending unsolicited, as defined by Webby Enterprises LLC, email or usenet postings, either through our servers or to promote a web site on our servers will be terminated immediately, will not qualify for a refund and will be charged $50 per complaint filed. If your account causes our servers to become blacklisted with repeated complaints, a fee up to $250 may be charged as Administrative Fees for cleaning up the blacklisting. Accounts terminated for sending unsolicited email or usenet posts give up all rights to any content, files, backups and technical support associated with this and ALL accounts hosted on any and all Webby Enterprises LLC server and network. You may not create email forwards which forward to an email address not accessible by you, unless the recipient has specifically consented for you to do so.
Webby Enterprises LLC reserves the right to investigate accounts accused of sending unsolicited emails, or usenet postings, in any way deemed necessary. This includes suspending the accused account, during the pending investigation.
Sites promoting, advertising or otherwise making available tools, information and/or software for the purpose of sending unsolicited email or usenet postings will be shut down without notice. We reserve the right to cancel all hosting accounts, of anyone having an account suspended for sending spam. We will make available, upon request, the source of the complaints. We will NOT make available the actual complaint, if it means giving out individual contact information of the person filing the complaint. WE STRONGLY SUGGEST THAT YOU AVOID USING THIRD PARTY MAILING LISTS - EVEN IF THEY ARE GUARANTEED TO BE CLEAN!!!
Although we have a ZERO TOLERANCE POLICY on unsolicited email/spam, we are not unreasonable. Since 1997, we have shut down an extremely small percentage of accounts for sending Unsolicited Email. However, we can and will enforce our Terms of Service.
*Unsolicited is defined, by Webby Enterprises LLC. as: E-mail sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.
Excessive Bandwidth Use If your hosting account, with Webby Enterprises LLC goes over the bandwidth allowance set for that account, you agree to pay for that overage. All of our Cpanel hosting accounts have bandwidth restrictions set. If you reach your designated bandwidth limit, your account will automatically suspend until the next month or unless you contact us for an upgrade.
Account Termination and Suspension Violation of any of our Terms of Services will be grounds for immediate account termination. Web sites deemed offensive, pornographic or racially degrading, by Webby Enterprises LLC, will be removed from our servers without notice. Abusive behavior towards the Webby Enterprises LLC staff, will not be tolerated and is grounds for immediate account termination. Any threats of legal action involving Webby Enterprises LLC, its owners and/or staff will be grounds for immediate suspension and all further communication will be through our respective attorneys. Web sites promoting, making available or otherwise contributing to software piracy, hacking, spamming, denial of service attacks and/or damage to commercial networks or servers will be removed from our servers without notice and illegal acts will be reported and prosecuted. Using your account for IRC/BBN purposes is not allowed on our servers.
Accounts using up enough server resources, to slow or crash a server, will be shut down without prior notice. If an account is shut down, due to server resource issues, we will (upon request) make a reasonable effort to help get the account unsuspended. We will not debug your software programs or spend time tracking down why your account was causing problems. It is your responsibility to look through account logs and evidence that we provide. Third-party installed versions of FormMail are forbidden, due to the security risk they pose. We have FormMail available, globally, for all accounts on our network.
All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers, will be grounds for termination. In addition, your account is for web and email use only, any other activities, at our sole discretion, will be grounds for termination as well.
Hosting accounts are suspended immediately if an invoice goes 3 days past due (dedicated servers have no grace period). All accounts listed in your billing account are subject to suspension if you have any past due invoices for any service. If you need to make payment arrangements, or if your account has been suspended, please contact us immediately.
Amendments This Terms of Service agreement may be amended, at any time, at the discretion of Webby Enterprises LLC Notification of amendments will be emailed to the address we have on file in billing and posted to our website. All accounts are required to comply with any changes made to these policies unless an account cancellation is requested within 3 days of the Terms of Service amendment. You are required to keep a valid and current email address on file with us, in your billing account. We are not responsible for lost or misdirected email. We strongly suggest you check our website frequently for updates to this Terms of Service agreement.
If you are unsure if what you are doing is against our TOS, contact us. There are no refunds granted for accounts terminated due to TOS violation.
Domain Name Registration and Renewal Policy All domain name registrations, transfers and renewals we offer are through eNom.com. We offer domain services through our eNom.com affiliate program only. You agree not to hold Webby Enterprises LLC responsible for any domain name registration, renewal, transfer dispute. We have registered 1000s of domains through eNom.com and believe they will make every effort to register, transfer and/or renew your requested domain name. This is not a guarantee that your requested domain name is available for registration, transfer and/or renewal. On Renewals/Transfers, it is advised to login to the Billing portal and verify the Next Due Date to ensure the order was processed. If not please contact us so we can work with you as well as eNom to rectify the issue. Your domain name may go unregistered, untransferred and/or renewed, due to circumstances beyond our control, such as registry, software and other problems or outages, and will not be grounds for compensation of financial loss. You are responsible for monitoring your domain expiration date and making sure you renew it before it expires. An order for domain name registration, transfer and/or renewal, does not guarantee domain name registration, transfer and/or renewal. Domains that fall into Redemption Mode for any reason are the responsibility of the Client. Webby Enterprises LLC will make all reasonable efforts to renew domains but cannot be held responsible if a domain falls into Redemption Mode.
Indemnification Client agrees to defend, indemnify, and hold Webby Enterprises LLC harmless from any and all demands, liabilities, losses, injury, costs and claims, including reasonable attorney's fees asserted against us, our anents, our customers, officers and employees, that may arise or result from any service provided or agreed to be performed or any product sold or supplied, infringing on proprietary rights of a third party, coright infringement, or defective products by customer, our agents, employes or assigns.
Miscellaneous In any legal proceeding between the parties under this Agrement, 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. Exclusive Venue and Jurisdiction for any and all legal remedies arising out of or related to this agreement shall be in Osceola County, Saint Cloud, Florida. Each party irrevocablsy consents to the foregoing jurisdiction and venu requirements and waives any and all objections to such requirements.