Services - License and Support
1. Service Description
a. OurWebMastery provides web hosting services as described on our website and in your selected hosting plan.
b. You are responsible for providing and managing your website’s content and ensuring it complies with all applicable laws.
2. Technical Support
a. OurWebMastery will provide technical support via email and web for the Services. By using our Technical Support Services, you grant OurWebMastery permission to access your account, if necessary, to resolve your issue.
b. OurWebMastery will not provide technical support if you breach this Agreement.
Amendment To Terms
1. Changes to the Agreement or the Services
a. OurWebMastery reserves the right to modify, change or delete any portion of the Agreement at any time.
b. OurWebMastery reserves the right to modify, change or discontinue any part of the Services at any time.
c. Changes to the Agreement or the Services will become effective when posted on our website.
d. You agree to any change to the Agreement or the Services by continuing to use the Services after the effective date of any such changes.
Fees, Payment Terms and Refunds
1. Payments and Fees
a. Fees Dues
i. You agree to pay for the Services in advance of the time period during which such Services are provided.
ii. OurWebMastery may suspend or terminate the Services for non-payment.
iii. All fees are non-refundable unless otherwise specified.
b. Pricing
1. OurWebMastery may change our prices for the Services,
i. at any time on or after the Initial Term by providing thirty days notice to you;
ii. as permitted in the applicable Service description published on the OurWebMastery website.
c. Taxes
i. The advertised fees for the Services do not include any applicable taxes imposed by any taxing authority. All such taxes may be added to our invoices for the fees as separate charges to be paid by you.
d. Auto-renewal
i. You agree that until and unless you notify OurWebMastery of your desire to cancel the Services, you will be billed automatically to prevent interruption of the Services using your filed payment information.
e. Fraud
i. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method.
f. Foreign Currencies
i. All payments and refunds are processed in U.S. dollars and will reflect exchange rates on the processing date. OurWebMastery is not responsible for any change in exchange rates between the date of payment and the date of refund.
g. Disputes
i. You have ninety days to dispute any charge or payment processed by OurWebMastery. Please contact us with any questions concerning any charge or payment at sales@ourwebmastery.com.
Your Responsibilities and Use Restrictions
1 Account Eligibility
a. By registering for or using the Services, you represent and warrant that,
i. you are eighteen years of age or older;
ii. if you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf for any actions you take in connection with the Service.
b. You agree to provide accurate, current and complete information on the registration and account information forms.
c. You agree that the primary email address on the account is in a different domain than the one for which Services are provided.
d. Providing false contact information of any kind violates this Agreement.
e. You are responsible for maintaining the security of your account login credentials. You agree not to share your account credentials.
2. HIPAA Disclaimer.
The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for storing or controlling access to sensitive data, such as information about children or medical or health information. OurWebMastery does not control or monitor the information or data you store on or transmit through the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Users requiring secure storage of “Protected Health Information” as defined under HIPAA are prohibited from using the Services for such purposes. Storing and permitting access to “Protected Health Information” is a material violation of this Agreement and grounds for immediate account termination. OurWebMastery does not sign “Business Associate Agreements,” and you agree that OurWebMastery is not a Business Associate, Subcontractor or Agent of yours pursuant to HIPAA.
3. User Content.
a. You may be able to upload and publish information and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you and users of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to OurWebMastery that
(i) you have all necessary rights to post or distribute such User Content, and
(ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
b. You acknowledge and agree that OurWebMastery may, but is not obligated to, monitor User Content and may immediately take any corrective action in OurWebMastery’s sole discretion, including without limitation, removal of all or a portion of the User Content and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that OurWebMastery shall have no liability due to any corrective action that OurWebMastery may take, including, without limitation, suspension or termination of Services.
c. You hereby grant to OurWebMastery, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to,
(i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content and the User Website; and
(ii) make archival or backup copies of the User Content and the User Website. Except for the rights expressly granted above, OurWebMastery is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with you.
4. Use Restrictions
a. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
b. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined above) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
d. You will not use this Site or the Services in a manner (as determined by OurWebMastery in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email or computer or network hacking or cracking;
- Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language or unsubstantiated or comparative claims regarding OurWebMastery or OurWebMastery’s Services.
e. You will not copy or distribute any part of this Site or the Services in any medium except where expressly authorized by OurWebMastery.
f. You will not modify or alter any part of this Site, the Services found at this Site, or any related technologies.
g. You will not access OurWebMastery Content (as defined below) or User Content through any technology or means other than this Site itself or as OurWebMastery may designate.
h. You agree to backup all of your User Content so that you can access and use it when needed. OurWebMastery does not warrant that it backs up any Account or User Content, and you agree to accept the loss of any and all of your User Content as a risk.
i. You will not re-sell or provide the Services for a commercial purpose, including any of OurWebMastery’s related technologies, without OurWebMastery’s express prior written consent.
j. You are aware that OurWebMastery may, from time to time, call you about your account. You will be informed about such recording and purposes thereof, as well as any other information that will be provided to you as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may used as evidence in any legal proceeding in which OurWebMastery is a party.
Data and Content
1. OurWebmastery Content.
Except for User Content (as defined above), all content available through the Services, including designs, text, graphics, images, video, audio, software, and other files, and their arrangement, and all software used to provide the Services (collectively, “OurWebMastery Content”), are the property of OurWebmastery. No OurWebMastery Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. Any use of the OurWebMastery Content other than specifically authorized herein is prohibited and will automatically terminate your rights concerning your use of the Services and the OurWebMastery Content granted herein. All rights of OurWebMastery that are not expressly granted in this Agreement are reserved to OurWebMastery.
2. Third Party Websites.
The Services may contain links to other websites that are not owned or controlled by OurWebMastery (“Third Party Sites”), as well as designs, text, graphics, images, video, audio, software, and other files belonging to or originating from third parties (“Third Party Content”). We do not monitor or check such Third Party Sites and Third Party Content. We are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk, and our terms and policies do not apply. You should review the applicable terms and policies of any site you navigate, including privacy and data gathering practices.
Export Compliance
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export or permit the export or re-export of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not,
(a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions;
(b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person;
(c) otherwise a prohibited party under U.S. Trade Laws; or
(d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license.
Unless otherwise provided with explicit written permission, OurWebMastery also prohibits using any of our Services in connection with any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
Warranties and Disclaimers
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR OWN RISK AND THAT THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. OURWEBMASTERY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND ALL THIRD-PARTY SERVICE PROVIDERS (COLLECTIVELY, THE “OURWEBMASTERY PARTIES”) DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OURWEBMASTERY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF INFORMATION PROVIDED THROUGH THE SERVICES, AND/OR (II) THE SERVICES PROVIDE BY OURWEBMASTERY OR SERVICES PROVIDED AT ANY SITES LINKED TO THIS SITE, AND OURWEBMASTERY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY OURWEBMASTERY PARTIES (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES) AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE TERMS OF THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Indemnification
You agree to protect, defend, indemnify and hold harmless OURWEBMASTERY from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by OURWEBMASTERY directly or indirectly arising from
(a) your use of and access to this Site or the Services found at this Site;
(b) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or
(c) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.
(d) any of your acts or omissions, except to the extent any of the foregoing directly results from OURWEBMASTERY’s own gross negligence or willful misconduct.
The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.
Limitations of Liability
1. IN NO EVENT SHALL OURWEBMASTERY BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL.
2. IN NO EVENT SHALL THE OURWEBMASTERY PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR
(a) ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES,
(b) ANY USER CONTENT,
(c) USER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF OURWEBMASTERY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. IN NO EVENT SHALL THE OURWEBMASTERY PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY THAT MAY RESULT FROM
(a) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE OR ANY SITES LINKED TO THIS SITE,
(b) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED TO THIS SITE,
(c) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER,
(d) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER,
(e) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN,
(f) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED TO THIS SITE,
(g) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED TO THIS SITE,
(h) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR
(i) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE,
WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND EVEN IF OURWEBMASTERY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OURWEBMASTERY LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OURWEBMASTERY FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE USER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY, AND, IN SUCH JURISDICTIONS, OURWEBMASTERY LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Term and Termination
1. OurWebMastery may suspend or terminate the Services immediately if you violate this Agreement.
2. OurWebmastery may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement (as determined by OurWebMastery at its sole discretion), at any time and without prior notice.
3. If OurWebmastery terminates your access to this Site, Services or the Account, OurWebMastery may, in its sole and absolute discretion, remove and destroy any data and files you store on its servers.
Governing Law and Arbitration
1. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas.
2. By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or bases involving claims brought in a purported representative capacity on behalf of others.
3. The U.S. Federal Arbitration Act, not any state arbitration law, governs all arbitration under this paragraph.
4. You agree to waive the right to trial by jury in any action or proceeding relating to or arising out of this Agreement.
General Terms
1. OurWebMastery and you are independent contractors, and nothing in this Agreement places OurWebMastery and you in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having any authority to make contracts or enter into any agreements in the name of the other party or to obligate or bind the other party in any manner whatsoever.
2. The headings herein are for convenience only and are not part of this Agreement.
3. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their Agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
4. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations.