THESE ARE THE TERMS AND CONDITIONS APPLICABLE TO THE PURCHASE AND SALE OF HOSTING
SERVICES AMONG YOU (Customer) AND WEB.COM, INCORPORATED. IF YOU DO NOT AGREE TO
BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOTIFY WEB.COM WITHIN THIRTY
(30) DAYS OF YOUR ORDER AND THE SERVICES WILL BE CANCELED WITH NO FURTHER OBLIGATIONS
BY EITHER PARTY. FAILURE TO NOTIFY WEB.COM OF CANCELLATION WITHIN SUCH PERIOD SHALL
BE DEEMED TO INDICATE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS,
AND AGREE TO BE BOUND BY THEM.
IN ADDITION, THE CUSTOMER MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM WEB.COM,
OR THEIR PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS
AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS
WILL BE PRESENTED TO THE CUSTOMER AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN,
AND IT IS THE CUSTOMERS' OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS
AS WELL AS THIS AGREEMENT. TERMS AND CONDITIONS FOR ALL OF OUR SERVICES CAN BE FOUND
AT: http://www.web.com/legal/default.aspx
Web.com reserves the right to change or modify any of the terms and conditions contained
in this Agreement at any time and from time to time in its sole discretion, and
to determine whether and when any such changes apply to both existing or future
customers. Web.com may make changes or modifications to referenced policies and
guidelines without notice to you. Your continued use of the Services following Web.com's
posting of any changes or modifications will constitute your acceptance of such
changes or modifications.
Web.com, Inc. ("Web.com"), will provide Customer with the following services (the
"Service"). This Hosting Agreement governs your purchase and use, in any manner,
of all Web site hosting, ordered by you and accepted by Web.com and describes the
terms and conditions that apply to such purchase and use of the Services. For purposes
of this Agreement, the Hosting Services include the E-Commerce Hosting Services.
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Payment. As consideration for Web.com providing the Hosting Services
hereunder, Customer agrees to pay Web.com the aggregate monthly fee based on the
monthly hosting services and the term selected.
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Provision of Services. Web.com will provide Customer with the Services
ordered that are described in the order summary. Customer understands and agrees
that Web.com will host the Web site solely in accordance with the information provided
by Customer.
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Limited License to the Background Technology. "Background Technology"
means computer programming & formatting code or operating instructions developed
by or for Web.com and used to host or operate the Web site or a Web server in connection
with a Web site. Background Technology includes, but is not limited to, any files
necessary to make forms, buttons, checkboxes, and similar functions and underlying
technology or components, such as style sheets, animation templates, interface programs
that link multimedia and other programs, customized graphics manipulation engines,
and menu utilities, whether in database form or dynamically driven. Background Technology
does not include any Customer Content or any derivatives, improvements, or modifications
of Customer Content. Customer may not duplicate or distribute any Background Technology
to any third party without the prior written consent of Web.com. All rights to the
Background Technology not expressly granted to Customer hereunder are retained by
Web.com. Without limiting the foregoing, Customer agrees not to reverse-engineer,
reverse-assemble, decompile, or otherwise attempt to derive any source code of the
Background Technology, except as allowed by law.
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Limited License to Content. Customer hereby grants to Web.com the
limited, nonexclusive right and license to copy, distribute, transmit, display,
perform, create derivative works from, modify, and otherwise use and exploit Customer
Web site, any Customer Content, or any Customer Marks provided to Web.com hereunder,
solely for the purpose of rendering Web.com's Services under this Agreement. Such
limited right and license shall extend to no other materials or for any other purpose
and will terminate automatically upon termination of this Agreement for any reason.
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Content Standards. Customer agrees not to provide Customer Content,
and Web.com will not intentionally provide to Customers any content, that (a) infringes
on any third party's intellectual property or publicity/privacy rights; (b) violates
any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or
obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses,
Trojan horses, worms, time bombs, cancel bots, or other computer programming routines
that are intended to damage or interfere with any system, data, or personal information.
If Customer is international, then Customer agrees to comply with all applicable
local and national laws. Web.com reserves the right to refuse any other subject
matter it deems inappropriate.
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Support. Web.com agrees to provide reasonable technical support
to Customer during Web.com's normal technical support hours. Web.com additionally
agrees to provide customer service support in the form of e-mail and telephone during
Web.com's normal customer support hours.
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Term and Termination. (a) This Agreement is effective as of the first day service is rendered and shall continue unless terminated; (b) Web.com may terminate this Agreement immediately and without notice to Customer if Customer breaches this Agreement; and (c) upon the termination of this Agreement, Customer will pay Web.com for all Services provided to Customer by Web.com prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.
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Warranty Disclaimer. Except as expressly provided in this Agreement,
the Services are provided "as is," and Web.com expressly disclaims all warranties
and conditions of any kind, express, implied, or statutory, including, without limitation,
the implied warranties of title, noninfringement, merchantability, and fitness for
a particular purpose. Interruption of Service: You hereby acknowledge and agree
that Web.com will not be liable for any temporary delay, outages or interruptions
of the Services. Each party acknowledges that it has not entered into this Agreement
in reliance upon any warranty or representation except those specifically set forth
herein. Unless an approval process is specified herein or in a Statement, all Hosting
provided by Web.com to a Customer will be deemed accepted when delivered.
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Indemnity. (a) Customer Indemnity. Customer will defend Web.com
against any third-party claim, action, suit, or proceeding alleging any breach of
the covenants contained in Section . Subject to Section 11, Customer shall indemnify
Web.com for all losses, damages, liabilities, and all reasonable expenses and costs
incurred by Web.com as a result of any such third-party claim, action, suit, or
proceeding. (b) Web.com's Indemnity. Web.com will defend Customer against any third-party
claim, action, suit, or proceeding alleging any breach of the covenants contained
in Section 6. Subject to Section 11, Web.com shall indemnify Customer for all losses,
damages, liabilities, and all reasonable expenses and costs incurred by Customer
as a result of any such third-party claim, action, suit, or proceeding. (c) Mechanics
of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified
party: (i) giving the indemnifying party prompt, written notice of any claim, action,
suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting
control of the defense and settlement to the indemnifying party; and (iii) reasonably
cooperating with the indemnifying party at the indemnifying party's expense.
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Limitation of Liability. WEB.COM's LIABILITY HEREUNDER SHALL NOT
EXCEED THE AMOUNT PAID BY CUSTOMER TO WEB.COM DURING THE THREE (3) MONTH PERIOD
BEFORE THE ACTION AROSE. WEB.COM SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS
OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS
OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT
LIABILITY, OR OTHERWISE, EVEN IF WEB.COM HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT
OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, WEB.COM WOULD NOT ENTER INTO THIS
AGREEMENT.
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Miscellaneous. This Agreement shall be governed solely by the laws
of the State of Florida, excluding its principles of conflicts of laws. Any action
under or relating to this Agreement shall be brought solely in the state and federal
courts located in Florida, with sole venue in the courts located in Duval County,
and each party hereby submits to the personal jurisdiction of such Courts. Each
party agrees that its performance under this Agreement shall in all respects conform
to all applicable laws, rules, and regulations of the United States governing the
export of technical information. Customer may not assign this Agreement without
the prior, written permission of Web.com. Any purported assignment in violation
of this will be void and without any effect. This Agreement may not be modified
or amended except in writing, signed by both parties. Any purported oral modification
or amendment of this Agreement in derogation of the foregoing shall be without any
effect. Neither party may waive any right hereunder except expressly and in writing.
This Agreement is the entire agreement between the parties with respect to this
subject matter, and it supersedes all prior and contemporaneous discussions, negotiations,
communications, and agreements with respect thereto.