Terms of Service and Payments Agreement
SMALL BUSINESS HOSTER.COM TERMS OF SERVICE AND PAYMENT POLICY AGREEMENT
This Agreement sets forth the Standard Terms and Conditions that apply to use of Turnkey Small Business Services Trading As Small Business Hoster.com (“Small Business Hoster.com.”)
YOUR USE OF THE SMALL BUSINESS HOSTER.COM SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE AND THIS PAYMENTS AGREEMENT.
These Terms of Service form independent agreements between User and Small Business Hoster.com. The Parties shall be liable to the other for any breach of these Terms of Service, and User agrees that User’s sole recourse in case of such breach shall be against the breaching party.
TERMS AND CONDITIONS
You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use the sites, or accept the services or benefits, to which such terms apply.
Small Business Hoster.com reserves the right to change fees at any time, for any reason at its sole discretion. Furthermore, Small Business Hoster.com reserves the right to terminate your account at any time, for any violation of this Agreement or the Acceptable Use Agreement, at its sole discretion. Should Small Business Hoster.com terminate your account due to your violation of any part of either of these Agreements, Small Business Hoster.com shall not refund any unused fee paid by you.
Small Business Hoster.com’s billing service is automatic. You agree to pay Small Business Hoster.com appropriate payment for the services received from Small Business Hoster.com, in advance of the time period during which such services are provided. You agree that you are obligated for the entire length of the period you commit to, which is usually a 12 month period, even though payments are spaced throughout that period. You agree to provide Small Business Hoster.com with current billing and contact information and authorize Small Business Hoster.com to bill all account and related charges to the credit card on file or to your PayPal account.
You further agree that until and unless you cancel your membership, those services will be billed on a recurring basis. To cancel your account you must notify Small Business Hoster.com at least two (2) days prior to your annual renewal date. If Small Business Hoster.com does not receive a notice of cancellation prior to the rebilling date, Small Business Hoster.com shall assume you are renewing your membership and you will automatically be charged through the next year’s payment cycle. You agree that prepayments will be billed and charged automatically, that Small Business Hoster.com may apply the amount due to the provided card or PayPal account at any time, and will issue no refunds. If you pay via PayPal, you are solely responsible for canceling your PayPal subscription upon canceling the Small Business Hoster.com services.
If you use a credit card, you agree to not charge back your card for any reason, and if you charge back your credit card you agree to pay all associated chargeback and service fees and penalties - plus a five hundred ($500) dollar service fee. If these fees are not paid within thirty (30) days, the charges will be turned over to a collection agency. Furthermore, Small Business Hoster.com may file civil charges against any party who charges back a credit card payment for any reason.
An acceptance by Small Business Hoster.com of any partial payment is not a waiver by Small Business Hoster.com of the remainder of the amount (including interest, if any) due. Small Business Hoster.com shall not refund any money, for any reason.
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.
CONTENTS OF MESSAGES
You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use Small Business Hoster.com for chain letters, junk mail, “spamming”, solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use Small Business Hoster.com to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Small Business Hoster.com reserves the right to terminate User’s account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.
ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Small Business Hoster.com of any unauthorized use of your account.
The links on the Small Business Hoster.com Web Site may let you leave the Small Business Hoster.com Web Site. You acknowledge that the linked sites are not under the control of Small Business Hoster.com and Small Business Hoster.com is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. Small Business Hoster.com is not responsible for web casting or any other form of transmission received from any linked site. Small Business Hoster.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Small Business Hoster.com of the linked site or any association with their operators.
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Small Business Hoster.com Web Site you warrant to Small Business Hoster.com that you will not use the Small Business Hoster.com Web Site for any unlawful purpose.
RIGHTS GRANTED TO SMALL BUSINESS HOSTER.COM
By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the Small Business Hoster.com Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant the licenses set forth below. You hereby grant Small Business Hoster.com and its affiliated companies permission to:
Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.
Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.
Publish your name in connection with any such communication.
The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to Small Business Hoster.com’s or its sub- licensee’s use of the materials contained within such communication. Small Business Hoster.com is under no obligation to post or use any materials you may provide, and may remove such materials at any time in Small Business Hoster.com’s sole discretion.
RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE SERVICE PROVIDED IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SMALL BUSINESS HOSTER.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SMALL BUSINESS HOSTER.COM, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SMALL BUSINESS HOSTER.COM, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SMALL BUSINESS HOSTER.COM SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE SMALL BUSINESS HOSTER.COM SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT SMALL BUSINESS HOSTER.COM IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM SMALL BUSINESS HOSTER.COM AND ITS AFFILIATES.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) FIVE HUNDRED DOLLARS ($500).
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
COPYRIGHT AND TRADEMARKS
All contents of the Small Business Hoster.com Web Site are proprietary to Small Business Hoster.com, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. Small Business Hoster.com reserves any rights not expressly granted herein.
Small Business Hoster.com may, from time to time, send e-mail messages to Users containing advertisements, promotions, etc. Such e-mail will be sent to mailbox(es) as submitted by User upon sign up. Small Business Hoster.com does not make any representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and User agrees that Small Business Hoster.com shall not have any liability with respect thereto.
Virginia law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the City of Newport News, State of Virginia or to any Federal Court located within the City of Newport News, State of Virginia.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Newport News, Virginia, as the parties to this agreement agree to be governed by the laws of Virginia. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Newport News, Virginia necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney’s fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the City of Newport News, State of Virginia with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.
Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to one thousand ($1000) dollars.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
You agree to defend, indemnify and hold harmless Small Business Hoster.com against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys’ fees) arising from your violation of these Terms and Conditions or any third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with Small Business Hoster.com.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.
In the event of a merger or consolidation of Small Business Hoster.com, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.
MODIFICATION OF TERMS
Small Business Hoster.com reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the Small Business Hoster.com Web Site. You are responsible for regularly reviewing these documents. Continued use of the Small Business Hoster.com Web Site after any such changes shall constitute your consent to such changes. Small Business Hoster.com does not and will not assume any obligation to notify you of any changes to the Terms of Service.