Web Hosting Terms and Conditions

THESE ARE THE TERMS AND CONDITIONS (THE “AGREEMENT”) APPLICABLE TO THE PURCHASE AND SALE OF HOSTING SERVICES AMONG YOU (“CUSTOMER”, “YOU” OR “YOUR”) AND WEB.COM GROUP, INC. TOGETHER WITH ANY THIRD PARTY VENDORS (COLLECTIVELY, “WEB.COM”, “US”, “WE”, OR “OUR”). FOR PURPOSES OF THIS AGREEMENT, THE HOSTING SERVICES INCLUDE SELECT PRODUCT FEATURES AND E-COMMERCE HOSTING SERVICES. IF CUSTOMER ORDERS THE SERVICES ONLINE, CUSTOMER SHALL BE DEEMED LEGALLY BOUND BY THESE TERMS AND CONDITIONS UPON PLACING AN ORDER FOR SERVICES. IF CUSTOMER ORDERS THE SERVICES BY TELEPHONE AND DOES NOT AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS, CUSTOMER MAY NOTIFY WEB.COM, WITHIN THREE (3) DAYS FROM THE DATE WEB.COM SENDS A WELCOME E-MAIL TO THE LAST KNOWN CUSTOMER CONTACT E-MAIL ADDRESS, THAT CUSTOMER DESIRES TO CANCEL THE SERVICES, AND THE SERVICES WILL BE CANCELED, A REFUND OF ANY FUNDS ALREADY PAID WILL BE ISSUED, AND THERE WILL BE NO FURTHER OBLIGATIONS BY EITHER PARTY. FAILURE TO NOTIFY WEB.COM OF CANCELLATION WITHIN THE APPLICABLE TIME PERIODS SHALL BE DEEMED TO INDICATE THAT CUSTOMER HAS READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AND AGREES TO BE BOUND BY THEM.

CUSTOMER MAY ELECT TO PURCHASE ADDITIONAL SERVICES FROM WEB.COM, OR ITS PARTNERS AND/OR OTHER THIRD PARTIES, WHICH HAVE THEIR OWN TERMS AND CONDITIONS AGREEMENTS AND ACCEPTABLE USE AGREEMENTS, ASIDE FROM THIS AGREEMENT. THOSE AGREEMENTS SHOULD BE PRESENTED TO YOU AT THE TIME OF PURCHASE AND/OR ACCOUNT LOGIN, AND IT IS YOUR OBLIGATION TO REVIEW, ACCEPT AND ABIDE BY THOSE AGREEMENTS AS WELL AS THIS AGREEMENT. TERMS AND CONDITIONS FOR ALL OF WEB.COM’S 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.

Provision of Services. Subject to Customer’s compliance with this Agreement, Web.com will provide Customer with the services ordered that are described in the order summary (the "Services").
Payment. Customer shall pay Web.com for the Services provided. If Customer has provided billing information sufficient to commence automatic billing, Web.com will bill customer automatically in accordance with the applicable billing frequency. All service fees are nonrefundable. If Customer exceeds stated limits for any part of the Services, additional fees may apply based on posted rates. All rates are stated net of all applicable federal, state, and local taxes. On any amounts not paid when due, Customer agrees to pay interest at the rate of 1.5% per month (18% per year) or, if such rate is in excess of the rate allowed by law, then Customer agrees to pay the highest rate allowed by law. In addition, Customer agrees to pay all costs of collection, including costs of litigation and reasonable attorneys' fees. Customer agrees to execute financing statements and other instruments at Web.com’s request. A $25 (Twenty Five U.S. Dollars) collection fee will be charged for all dishonored checks. A $15 (Fifteen U.S. Dollars) fee will be assessed for the following reasons: (1) late payment, (2) payment with insufficient funds, (3) denied or invalid credit card number, or (4) restart of Service terminated for nonpayment. Payment is late if not received by Web.com within five (5) days of invoice date. Web.com may change any fee, rate, or plan at any time without notice to Customer.
Representations and Warranties: Customer shall be responsible for the following:
1. Ensuring the accuracy of all information provided to Web.com in conjunction with the purchase and sale of the Services, including, without limitation, billing and contact information for the Customer.
2. Calling Web.com to terminate the Services. Calls may be made to Web.com customer service. Customer termination requests may be recorded. Customer understands that the Services are non-refundable and must be promptly cancelled if Services are no longer desired. No refunds will be issued without proof of cancellation.
3. Obtaining Internet connectivity to access the Services, to send and receive e-mail, and to otherwise access and utilize the Internet.
4. Providing current and updated contact information (including e-mail address and fax number) for Web.com’s use in contacting Customer concerning the Services.
5. Customer represents to Web.com that Customer is at least eighteen years old, that Customer is authorized to enter into this Agreement on behalf of any organization or company, if applicable. Customer further represents to Web.com that Customer is responsible for supervising the activities of any underage user.
6. Ensuring that any domain name registered and or/provided by Customer does not infringe or violate the Intellectual Property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and acquiring any authorization(s) necessary to use intellectual property or other proprietary information of third parties.
7. Acquiring any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or information of third parties; and
8. Acquiring any intellectual property rights, including trademark rights, in the domain name; and
9. Ensuring that any and all website content does not infringe or violate the intellectual property rights or any other right of any third party. Web.com shall have no liability and shall be held harmless for any of Customer’s content that infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses.
10. Ensuring that Customer’s use of the Services shall in all respects conform to all applicable state, federal and local laws, rules, and regulations.
11. Ensuring that Customer maintains a current and complete backup of website content at all times
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.
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.
Infringing Domain Name or Website Content. Web.com reserves the right to deny, terminate, or suspend Services without notice if, in Web.com's sole discretion, the Services are used by Customer in a manner that violates or may violate the following standards, and Web.com reserves the right to reject, alter, modify, or remove the website, website domain name, URL address, or any website content (including, but not limited to, any language, words, text, photographs, designs, drawings, graphics, images, symbols, or logos) which Web.com in its sole discretion deems to be:
1. An infringement on or a mechanism designed to facilitate the infringement of a propriety interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret, or patent right. By using the Services, Customer represents and warrants that any name or word submitted to be used as all or part of the URL associated with the Website does not infringe any trademark or domain name rights of any third party. Moreover, Customer warrants that it has a present good faith intention to use the URL it requests in connection with a commercial or personal endeavor and that it is not merely "cyber squatting," i.e., obtaining the URL merely to attempt to sell the rights to the URL or sub domain to some third party.
2. In violation of any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders.
3. Offensive, including without limitation, bigotry, racism, discrimination, hatred, or profanity; is disparaging, defamatory, libelous, or results in an invasion of privacy; promotes or provides instructional information about illegal activities or physical harm or injury to any group, individual, institution or property; or infringes on a proprietary interest of any third party, including without limitation, any copyright, trademark, domain registration right, trade secret or patent right; or may violate any federal, state, county, and municipal laws, regulations, governmental agency orders, and court orders; or
4. States or implies that the Website is placed by Web.com or any party with a contractual relationship with Web.com, or that such parties endorse the Customer's products or services.
5. Pornographic or obscene. Web.com neither sanctions nor permits hosted site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity. Web.com reserves the right to immediately suspend or terminate any site or transmission that violates this policy, without prior notice. In the event of such termination, Customer agrees that the unused portion of any fees Customer may have paid for any Services rendered to Customer by Web.com are an appropriate recompense to Web.com for the time required to respond to and address issues created by Customer's illegal or obscene site/content, and Customer agrees not to seek recovery of those fees. Further, should Customer violate this policy, Web.com will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, the Website, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
6. Violent or encouraging violence.
7. Disparaging, defamatory, libelous, or resulting in an invasion of privacy.
8. Promotion or providing of instructional information about illegal activities or physical harm or injury to any group, individual, institution or property, or encouraging illegal or criminal conduct.
9. Promotion or facilitation of, or engaging in, consumer deception or fraud, drug use, drug dealing, pyramid schemes, gambling, or any other illegal activities.
10. Intentional holding of Web.com (including its affiliates) or their employees or stockholders up to public scorn, ridicule, or defamation.
11. 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.
Technical 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 technical service support in the form of online ticketing and telephone during Web.com's normal technical support hours.
Term and Termination. (a) This Agreement is effective upon receipt of an order for Services and shall continue to automatically renew for successive terms unless terminated; (b) Web.com may terminate this Agreement immediately and without notice to Customer for any reason; 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, and 8 through 18 will survive termination of this Agreement.
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.
Indemnity. (a) Customer Indemnity. Customer will defend Web.com against any third-party claim, action, suit, or proceeding alleging any breach of the terms of this Agreement. 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.
Limitation of Liability. WEB.COM’S LIABILITY HEREUNDER SHALL NOT EXCEED THE LESSER OF THE AMOUNT PAID BY CUSTOMER TO WEB.COM DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE OR THE TOTAL COST OF SERVICES. 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.
Prohibited Transactions. Customer warrants that Customer is not, nor is Customer acting on behalf of any person or entity that is, prohibited from engaging in transactions with U.S. citizens, nationals or entities under applicable U.S. law and regulation including, but not limited to, regulations issued by the U.S. Office of Foreign Assets Control (“OFAC”). In addition, Customer is not, nor is Customer acting on behalf of any person or entity that is, a Specially Designated National (“SDN”), as OFAC may so designate from time to time. In addition to all other rights and remedies available to Web.com under this Agreement, and at law and in equity, Customer’s breach of this section shall result in immediate termination of the Agreement and forfeiture of any and all Services or amounts previously provided, paid and/or owed to Customer under this Agreement.
Governing Law. This Agreement shall be governed by the laws of the State of Florida, without giving effect to principles of conflict of laws contained herein. Customer agrees that any judicial proceeding for the breach of or enforcement at law or equity of this Agreement or any provision hereof shall be instituted only in a federal or state court of competent jurisdiction in the city of Jacksonville and the State of Florida, and Customer consents to the jurisdiction of such court, and waives the right to challenge the jurisdiction of such court on grounds of lack of personal jurisdiction or to seek a change of venue. This Agreement constitutes the entire agreement of the parties relative to its subject matter, and shall not be waived, modified, or supplemented in whole or in part except in a writing signed by the parties. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
Force and Effect. Any failure by Web.com to enforce any of its rights under this Agreement or any applicable laws shall not constitute a waiver of such right. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, Customer, Web.com, and the court shall endeavor to give effect to the intent reflected in that provision, and the remaining provisions shall retain their full force and effect.
Entire Agreement. This Agreement constitutes the entire agreement of the parties relative to its subject matter. Customer may not waive, modify or supplement, this Agreement in whole or in part, except for written permission or amendment by Web.com. Web.com reserves the right to unilaterally modify and revise the Agreement from time to time. Such modifications or revisions shall be provided to Customer via the Notice provisions set forth in Section 16 herein, and Customer shall be deemed to have accepted, and to be apprised of and bound by, any such modifications or revisions to the Agreement.
Notice. Notice to Customer shall be deemed effective when a) sent via e-mail to the last known Customer contact e-mail address, or to the last known Customer fax number, or when deposited in first-class U.S. mail with sufficient postage attached addressed to the last known Customer mailing address or b) posted at http://www.web.com/legal/terms-of-service/hosting.aspx or www.web.com/legal/default.aspx, as updated from time to time. Notices required to be given by Customer may be made by calling Web.com customer service.
Agencies and Partnership. This Agreement does not create any agency, employment, partnership, joint venture, franchise, or other similar or special relationship between you and Web.com. Neither party will have the right or authority to assume or create any obligations or to make any representations, warranties or commitments on behalf of the other party or its affiliates, whether express or implied, or to bind the other party or its affiliates in any respect whatsoever.
Assignment; Successors. Customer may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Web.com. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Web.com may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without consent of the Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

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