Universal
Terms of
Service
for
Hostmy1stWeb.com,
LLC.
Software
and
Services
Limitation
and
Policy's.
This
Universal
Terms Of
Service
("Agreement")
is by
and
between
Hostmy1stWeb.com,
LLC. and
You,
Your
heirs,
agents,
successors
and
assigns
("You"),
and is
made
effective
as of
the date
of
electronic
execution.
This
Agreement
sets
forth
the
terms
and
conditions
of Your
use of
Hostmy1stWeb.com,
LLC.
software
("Software")
and
services
("Services")
and
explains
Hostmy1stWeb.com, LLC.'s
obligations
to You
and Your
obligations
to
Hostmy1stWeb.com,
LLC. in
relation
to the
Software
and
Services
You
purchase.
This
Agreement
as well
as any
additional
Hostmy1stWeb.com,
LLC.
policies,
together
with all
modifications
thereto,
constitute
the
complete
and
exclusive
agreement
between
You and
Hostmy1stWeb.com,
LLC.
concerning
Your use
of
Hostmy1stWeb.com,
LLC.'s
Software
and
Services,
and
supersede
and
govern
all
prior
proposals,
agreements,
or other
communications.
All
Hostmy1stWeb.com,
LLC.
policies
and
agreements
specific
to
particular
Software
and
Service
are
incorporated
herein
and made
part of
this
Agreement
by
reference,
including
the
dispute
policy
("UDRP").
By
purchasing
Hostmy1stWeb.com,
LLC.'s
Software
or
Services,
You
acknowledge
that You
have
read,
understood,
and
agree to
be bound
by all
terms
and
conditions
of this
Agreement
and any
other
policies
or
agreements
made
part of
this
Agreement
by
reference,
as well
as any
new,
different
or
additional
terms,
conditions
or
policies
which
Hostmy1stWeb.com,
LLC. may
establish
from
time to
time,
and any
agreements
that
Hostmy1stWeb.com,
LLC. is
currently
bound by
or will
be bound
by in
the
future.
You may
view the
latest
version
of this
Agreement
online.
In
addition
to
transactions
entered
into by
You on
Your
behalf,
You also
agree to
be bound
by the
terms of
this
Agreement
for
transactions
entered
into on
Your
behalf
by
anyone
acting
as Your
Agent,
and
transactions
entered
into by
anyone
who uses
the
account
You've
established
with
Hostmy1stWeb.com,
LLC.,
whether
or not
the
transactions
were in
Your
behalf.
You
acknowledge
that
Hostmy1stWeb.com,
LLC.'s
acceptance
of any
application
made by
You for
Services
provided
by
Hostmy1stWeb.com,
LLC.
will
take
place at
the
Internet
Corporation
for
Assigned
Names
and
Numbers
("ICANN")
accredited
registrar's
offices
located
in USA.
The
General
Terms in
Section
A apply
to all
customers
of
Hostmy1stWeb.com,
LLC..
The
Software
and
Services
Specific
Agreements
incorporated
in
Section
B apply
only to
customers
who have
purchased
those
referenced
Services.
A.
GENERAL
TERMS
APPLICABLE
TO ALL
SOFTWARE
AND
SERVICES
1.
TERM OF
AGREEMENT;
MODIFICATIONS.
You
agree
that
Hostmy1stWeb.com,
LLC. may
modify
this
Agreement
and the
Services
from
time to
time.
You
agree to
be bound
by any
changes
Hostmy1stWeb.com,
LLC. may
reasonably
make to
this
Agreement
when
such
changes
are
made. If
You have
purchased
Services
or
Software
from
Hostmy1stWeb.com,
LLC.,
the term
of this
Agreement
shall
continue
in full
force
and
effect
as long
as You
take
advantage
of and
use the
Software
or
Services.
In the
event
You
terminate
Your
usage,
Hostmy1stWeb.com,
LLC.
will not
refund
any
amounts
You have
paid.
You
agree
that
Hostmy1stWeb.com,
LLC.
shall
not be
bound by
any
representations
made by
third
parties
who You
may use
to
purchase
Services
from
Hostmy1stWeb.com,
LLC.,
and that
any
statement
of a
general
nature,
which
may be
posted
on
Hostmy1stWeb.com,
LLC. 's
Web site
or
contained
in
Hostmy1stWeb.com,
LLC.'s
promotional
materials,
will not
bind
Hostmy1stWeb.com,
LLC. .
Hostmy1stWeb.com,
LLC.
may, at
times,
offer
certain
promotions
with
different
charges
and
features.
You
agree
that You
will be
responsible
for
notifying
Hostmy1stWeb.com,
LLC.
should
You
desire
to
terminate
Your use
of
Hostmy1stWeb.com,
LLC.'s
Services.
Notification
of Your
intent
to
terminate
must be
provided
to
Hostmy1stWeb.com,
LLC. no
earlier
than 10
days
prior to
Your
billing
date but
no later
than
three
days
prior to
Your
billing
date.
2.
ACCURATE
INFORMATION.
You
agree to
maintain
accurate
information
by
providing
updates
to
Hostmy1stWeb.com,
LLC., as
needed,
while
You are
using
Hostmy1stWeb.com,
LLC.'s
Services.
You
agree
You will
notify
Hostmy1stWeb.com,
LLC.
within
five (5)
business
days
when any
change
of the
information
You
provided
as part
of the
application
and/or
registration
process
changes.
Failure
by You,
for
whatever
reason,
to
respond
within
five (5)
business
days to
any
inquiries
made by
Hostmy1stWeb.com,
LLC. to
determine
the
validity
of
information
provided
by You
will
constitute
a
material
breach
of this
Agreement.
You
agree
that
Hostmy1stWeb.com,
LLC. may
use and
rely on
any such
information
provided
by You
for all
purposes
in
connection
with
Your
Services,
subject
to
Hostmy1stWeb.com,
LLC.'s
Privacy
Policy .
If You
provide
any
information
that is
inaccurate,
not
current,
false,
misleading
or
incomplete,
or if
Hostmy1stWeb.com,
LLC. has
reasonable
grounds
to
suspect
that
Your
information
is
inaccurate,
not
current,
false,
misleading
or
incomplete,
Hostmy1stWeb.com,
LLC. has
the
absolute
right,
in its
sole
discretion,
to
terminate
its
Services
and
close
Your
account.
3.
PRIVACY.
You
can view
Hostmy1stWeb.com,
LLC.'s
Privacy
Policy
here ,
which is
incorporated
herein
by
reference,
as it is
applicable
to all
Company
Software
and
Services.
The
Privacy
Policy
provides
Your
rights
and
Company's
responsibilities
with
regard
to Your
personal
information.
Company
will not
use Your
information
in any
way
inconsistent
with the
purposes
and
limitations
provided
in the
Privacy
Policy.
4.
ACCOUNT
SECURITY.
You
agree
You are
entirely
responsible
for
maintaining
the
confidentiality
of Your
customer
number/login,
password,
credit
card
number,
and
shopper
PIN
(collectively,
the
"Account
Access
Information").
You
agree
You are
entirely
responsible
for any
and all
activities
that
occur
under
Your
account.
You
agree to
notify
Hostmy1stWeb.com,
LLC.
immediately
of any
unauthorized
use of
Your
account
or any
other
breach
of
security.
You
agree
Hostmy1stWeb.com,
LLC.
will not
be
liable
for any
loss
that You
may
incur as
a result
of
someone
else
using
Your
Account
Access
Information,
either
with or
without
Your
knowledge.
You
further
agree
You
could be
held
liable
for
losses
incurred
by
Hostmy1stWeb.com,
LLC. or
another
party
due to
someone
else
using
Your
Account
Access
Information.
For
security
purposes,
You
should
keep
Account
Access
Information
in a
secure
location
and take
precautions
to
prevent
others
from
gaining
access
to Your
Account
Access
Information.
You
agree
that You
will be
responsible
for all
activity
in Your
account,
whether
initiated
by You,
or by
others
on Your
behalf,
or by
any
other
means.
Hostmy1stWeb.com,
LLC.
specifically
disclaims
liability
for any
activity
in Your
account,
whether
authorized
by You
or not.
5. NO
UNLAWFUL
CONDUCT
OR
IMPROPER
USE.
As a
condition
of Your
use of
Hostmy1stWeb.com,
LLC.'s
Software
and
Services,
You
agree
not to
use them
for any
purpose
that is
unlawful
or
prohibited
by these
terms
and
conditions,
and You
agree to
comply
with any
applicable
local,
state,
federal
and
international
laws,
government
rules or
requirements.
You
agree
You will
not be
entitled
to a
refund
of any
fees
paid to
Hostmy1stWeb.com,
LLC. if,
for any
reason,
Hostmy1stWeb.com,
LLC.
takes
corrective
action
with
respect
to Your
improper
or
illegal
use of
its
Services.
Hostmy1stWeb.com,
LLC.
reserves
the
right at
all
times to
disclose
any
information
as
Hostmy1stWeb.com,
LLC.
deems
necessary
to
satisfy
any
applicable
law,
regulation,
legal
process
or
governmental
request,
or to
edit,
refuse
to post
or to
remove
any
information
or
materials,
in whole
or in
part, in
Hostmy1stWeb.com,
LLC.
sole
discretion.
If You
have
purchased
Services,
Hostmy1stWeb.com,
LLC. has
no
obligation
to
monitor
Your use
of the
Services.
Hostmy1stWeb.com,
LLC.
reserves
the
right to
review
Your use
of the
Services
and to
cancel
the
Services
in its
sole
discretion.
Hostmy1stWeb.com,
LLC.
reserves
the
right to
terminate
Your
access
to the
Services
at any
time,
without
notice,
for any
reason
whatsoever.
Hostmy1stWeb.com,
LLC.
reserves
the
right to
terminate
Services
if Your
usage of
the
Services
results
in, or
is the
subject
of,
legal
action
or
threatened
legal
action,
against
Hostmy1stWeb.com,
LLC. or
any of
its
affiliates
or
partners,
without
consideration
for
whether
such
legal
action
or
threatened
legal
action
is
eventually
determined
to be
with or
without
merit.
Hostmy1stWeb.com,
LLC. may
review
every
account
for
excessive
space
and
bandwidth
utilization
and to
terminate
or apply
additional
fees to
those
accounts
that
exceed
allowed
levels.
Except
as set
forth
below,
Hostmy1stWeb.com,
LLC. may
also
cancel
Your use
of the
Services,
after
thirty
(30)
days, if
You are
using
the
Services,
as
determined
by
Hostmy1stWeb.com,
LLC. in
its sole
discretion,
in
association
with
spam or
morally
objectionable
activities.
Morally
objectionable
activities
will
include,
but not
be
limited
to:
activities
designed
to
defame,
embarrass,
harm,
abuse,
threaten,
slander
or
harass
third
parties;
activities
prohibited
by the
laws of
the
United
States
and/or
foreign
territories
in which
You
conduct
business;
activities
designed
to
encourage
unlawful
behavior
by
others,
such
as hate
crimes,
terrorism
and
child
pornography
or
kidnapping
material;
activities
that are
tortuous,
vulgar,
obscene,
invasive
of the
privacy
of a
third
party,
racially,
ethnically,
or
otherwise
objectionable;
activities
designed
to
impersonate
the
identity
of a
third
party;
illegal
access
to other
computers
or
networks
(i.e.,
hacking,
cracking);
distribution
of
Internet
viruses
or
similar
destructive
activities;
and
activities
designed
to harm
or use
unethically.
Any form
of
fraudulent
activity
such as
using
copyrighted
media
without
authority
to
distribute
or
display,
phishing,
pyramid
schemes,
chain
letters,
forgery,
or
impersonation,
terrorist
propaganda,
racist
material,
or
bomb/weapon
instructions,
Virus/Virii,
Spyware,
Malware,
or other
infectious
material
or
programs;
material
protected
by trade
secret
or other
statute;
or the
distribution
or use
of
unlicensed
applications,
warez,
hacking,
cracking
programs
or key
generators.
Notwithstanding
anything
to the
contrary
herein,
in the
event
Hostmy1stWeb.com,
LLC.
cancels
Your
Services
during
the
first
thirty
(30)
days
after
You
purchase
the
Services,
You will
receive
a refund
of
partial
fees
paid to
Hostmy1stWeb.com,
LLC. in
connection
with the
Services
being
canceled,
see our
refund
policy
in
section
9.1. In
the
event
Hostmy1stWeb.com,
LLC.
deletes
Your
Services
because
they are
being
used in
association
with
spam or
morally
objectionable
activities,
no
refund
will be
issued.
You
agree
You will
not be
entitled
to a
refund
of any
fees
paid to
Hostmy1stWeb.com,
LLC. if,
for any
reason,
Hostmy1stWeb.com,
LLC.
takes
corrective
action
with
respect
to Your
improper
or
illegal
use of
its
Services.
6. NO
SPAM;
LIQUIDATED
DAMAGES.
You
agree
Hostmy1stWeb.com,
LLC. may
immediately
terminate
any
account
which it
believes,
in its
sole
discretion,
is
transmitting
or is
otherwise
connected
with any
spam or
other
unsolicited
bulk
email.
In
addition,
if
actual
damages
cannot
be
reasonably
calculated
then You
agree to
pay
Hostmy1stWeb.com,
LLC.
liquidated
damages
of $1
for each
piece of
spam or
unsolicited
bulk
email
transmitted
from or
otherwise
connected
with
Your
account,
otherwise
You
agree to
pay
Hostmy1stWeb.com,
LLC. 's
actual
damages.
You
acknowledge
You have
read and
understand
and
agree to
be bound
by the
terms
and
conditions
of
Hostmy1stWeb.com,
LLC.'s
Anti-spam
Policy,
available
here .
Such
terms
and
conditions
are
applicable
to the
use of
all
Hostmy1stWeb.com,
LLC.
Software
and
Services
and are
incorporated
herein.
7.
INTELLECTUAL
PROPERTY.
You
agree
that
Hostmy1stWeb.com,
LLC. or
its
licensor
holds
all
rights,
title
and
interest
in all
Software
and
Services
and all
intellectual
property,
including
other
rights
related
to
intangible
property,
unless
otherwise
indicated.
You
acknowledge
that no
title or
interest
in such
Intellectual
Property
Rights
is being
transferred
to You
and You
agree to
make no
claim of
interest
in any
such
Services
or
Software.
You
understand
and
agree
that all
content
and
materials
contained
in this
Agreement,
other
policies,
the
Hostmy1stWeb.com,
LLC. Web
site,
and any
affiliated
Web
sites,
are
protected
by the
various
copyright,
patent,
trademark,
service
mark and
trade
secret
laws of
the
United
States,
as well
as any
other
applicable
proprietary
rights
and
laws,
and that
Hostmy1stWeb.com,
LLC. or
its
licensor
expressly
reserves
its
rights
in and
to all
such
content
and
materials.
You
further
understand
and
agree
that You
are
prohibited
from
using,
in any
manner
whatsoever,
any of
the
content
or
materials
described
above
without
the
express
written
permission
of
Hostmy1stWeb.com,
LLC. or
its
licensor.
No
license
or right
under
any
copyright,
patent,
trademark,
service
mark or
other
proprietary
right or
license
is
granted
to You
or
conferred
upon You
by this
Agreement
or
otherwise.
8.
USE OF
HOSTMY1STWEB.COM,
LLC.
SOFTWARE.
If
You have
licensed
software
from
Hostmy1stWeb.com,
LLC.,
Hostmy1stWeb.com,
LLC.
grants
You a
limited,
non-exclusive,
nontransferable
and
non-assignable
license
to use
the
software
for such
purposes
as are
ordinary
and
customary.
You are
free to
use the
software
on any
computer,
but not
on two
or more
computers
at one
time.
You
agree to
not
alter or
modify
the
Software.
You
agree
You are
not
authorized
to
combine
the
Software
with any
other
software
program,
create
derivative
works
based
upon the
Software,
nor are
You
authorized
to
integrate
any
plug-in
or
enhancement
which
uses or
relies
upon the
Software.
You
further
agree
not to
reverse
engineer,
decompile
or
otherwise
attempt
to
uncover
the
source
code.
Hostmy1stWeb.com,
LLC.
reserves
all
rights
to the
Software.
The
Software
and any
copies
You are
authorized
to make
are the
intellectual
property
of
Hostmy1stWeb.com,
LLC..
The
source
code and
its
organization
are the
exclusive
property
of
Hostmy1stWeb.com,
LLC. and
the
Software
is
protected
by
copyright,
including
United
States
Copyright
Law.
Except
as
expressly
provided
for in
this
section,
this
Agreement
does not
grant
You any
rights
in the
Software
and all
rights
are
reserved
by
Hostmy1stWeb.com,
LLC.
Hostmy1stWeb.com,
LLC.
provides
this
Software
"as is"
without
warranty
of any
kind
either
express
or
implied,
including
but not
limited
to the
implied
warranties
or
conditions
of
merchantability
or
fitness
for a
particular
purpose.
9.
LIMITED
WARRANTY.
Goods
purchased
from
this
website
carry no
warranty
for data
or
information,
other
than a
30 day
money
back
guarantee.
This
money
back
guarantee
is
offered
only at
the
failure
of a
promised
or
advertised
service
provided
by
Hostmy1stweb
(Excluding,
but not
limited
to the
following:
"Random
acts of
God"/Unscheduled
maintenance
and
Abusive
Clientele).
(Service
warranty
limited
to only
"Master
Reseller
Services"
&
"Shared
Web
Hosting
Services").
10.
FEES AND
PAYMENT.
As
consideration
for the
Software
or
Services
purchased
by You
and
provided
to You
by
Hostmy1stWeb.com,
LLC.,
You
agree to
pay
Hostmy1stWeb.com,
LLC. at
the time
You
order.
All fees
are due
immediately
and are
non-refundable
unless
otherwise
expressly
noted,
even if
Your
Services
are
suspended,
terminated,
or
transferred
prior to
the end
of the
Services
term.
Hostmy1stWeb.com,
LLC.
expressly
reserves
the
right to
modify
pricing
through
email
notification
and/or
notice
on its
Web
site.
Payment
may be
made by
You by
providing
either a
valid
credit
card,
Paypal,
Google
or
personal
check.
Hostmy1stweb.com
emails
(1)
invoice
2-3
weeks in
advance
for all
services
and
follows
up with
(3)
additional
late
reminders
over
several
weeks if
not paid
before
hand.
This is
done so
that all
of our
customers
have
enough
time to
remit
payment
at least
7 days
before
their
due
date.
Payment
is
absolutely
due no
later
than 1
days
before
the
first
day of
the new
service
period.
Clients
with
credit
cards on
file,
will be
auto-billed
upon
invoice
creation
or
within 7
days
time.
Clients
using
PayPal
should
be sure
you
payment
is made
manually
and
regularly
as we do
not
support
{Auto/Subscription}
payments.
To avoid
confusion,
please
be aware
that you
may
receive
an
invoice
for new
service,
and then
receive
an
invoice
for your
upcoming
next
service
period
only
7-10
days
afterwards.
This is
normal,
due to
the
adjustment
to
advanced
billing
from the
present
date,
and
invoices
then
following
should
occur
regularly
30-31
days
afterwards
(...for
monthly
billed
services).
All/each
new
service(s)
will be
repeat
billed
on the
same day
of the
month
ordered/delivered
individually,
and not
prorated
to one
date for
the
entire
account
and all
services
within.
If You
signed
up for a
monthly
payment
plan,
Your
monthly
billing
date
will be
determined
based on
the day
of the
month
You
purchase
the
Services
unless
that
date
falls
after
the 28th
of the
month in
which
case
Your
billing
date
will be
the 28th
of each
month.
If You
signed
up for
an
annual
(or
longer)
payment
plan,
and You
elected
the
automatic
renewal
option,
Hostmy1stWeb.com,
LLC.
will
automatically
renew
Your
Services
when
they
come up
for
renewal
and will
take
payment
from the
Payment
Method
You have
on file
with
Hostmy1stWeb.com,
LLC., at
Hostmy1stWeb.com,
LLC.
then
current
rates.
Hostmy1stWeb.com,
LLC.
invoices
2-3
weeks in
advance
for all
ongoing
services.
This is
done so
that all
of our
customers
have
enough
time to
remit
payment
before
their
due
date.
Payment
is due
by the
first
day of
the new
service
period.
Clients
with
credit
cards on
file,
will be
auto-billed
upon
invoice
creation
or
within 5
days.
If for
any
reason
Hostmy1stWeb.com,
LLC. is
unable
to
charge
Your
Payment
Method
for the
full
amount
owed
Hostmy1stWeb.com,
LLC. for
the
Services
provided,
or if
Hostmy1stWeb.com,
LLC. is
charged
a
penalty
for any
fee it
previously
charged
to Your
Payment
Method,
You
agree
that
Hostmy1stWeb.com,
LLC. may
pursue
all
available
remedies
in order
to
obtain
payment.
If You
pay by
credit
card and
if for
any
reason
Hostmy1stWeb.com,
LLC. is
unable
to
charge
Your
credit
card
with the
full
amount
of the
Services
provided,
or if
Hostmy1stWeb.com,
LLC. is
charged
back for
any fee
it
previously
charged
to the
credit
card You
provided,
You
agree
that
Hostmy1stWeb.com,
LLC. may
pursue
all
available
remedies
in order
to
obtain
payment.
You
agree
that
among
the
remedies
Hostmy1stWeb.com,
LLC. may
pursue
in order
to
effect
payment,
shall
include
but will
not be
limited
to,
immediate
cancellation
without
notice
to You
of any
domain
names or
Services
registered
or
renewed
on Your
behalf.
Hostmy1stWeb.com,
LLC.
reserves
the
right to
charge a
reasonable
administrative
fee for
administrative
tasks
outside
the
scope of
its
regular
Services,
including
additional
costs
that it
may
incur in
providing
the
Services
and pass
along to
You.
These
include,
but are
not
limited
to,
customer
service
issues
that
cannot
be
handled
over
email
but
require
personal
service,
fees
incurred
by third
parties.
You
agree
that You
are
solely
liable
for
arranging
that
Your
Services
are
renewed,
and that
Hostmy1stWeb.com,
LLC.
shall
not be
liable
to You
or any
third
party if
it is
unable
to
charge
Your
Payment
Method
in order
to renew
Your
Services.
You
acknowledge
Furthermore
you
understand
and
agree
that the
pricing
displayed
during
the
checkout
process
is an
estimate.
Due to
potential
slight
time
delays
between
actual
purchase
and the
payment
settlement,
the
actual
price
charged
may
fluctuate.
Accordingly,
Hostmy1stWeb.com,
LLC.
makes no
representations
or
warranties
that the
actual
price
will be
the same
or
substantially
similar
to the
actual
price
You will
pay and
You
waive
any and
all
claims
based
upon any
discrepancy
between
the
estimate
and the
actual
price.
10.1
REFUND
POLICY
All
fees are
due
immediately
and are
non-refundable
unless
otherwise
expressly
noted,
even if
Your
Services
are
suspended,
terminated,
or
transferred
prior to
the end
of the
Services
term. If
your
transfer
to
Hostmy1stWeb.com,
LLC.
fails we
will
refund
your
transfer
fee less
10% to
cover
our
credit
card
processing
and
other
handling
costs.
However,
if you
follow
the
instructions
the
chances
of a
failure
will be
significantly
reduced.
If
payment
is made
by
check, a
refund
will be
issued
by
check. A
refund
by check
may take
up to
6-8
weeks to
process
as DROA
must
first
confirm
that the
check
has
cleared,
and has
not
returned
as NSF
or Stop
Payment.
If
payment
is made
by
credit
card, a
refund
will be
issued
to that
same
credit
card
only. A
refund
to a
credit
card may
take up
to 10
days to
process
as DROA
must
first
confirm
that the
charge
to your
credit
card has
cleared,
and a
"Charge
Back"
has not
been
initiated.
Hostmy1stWeb.com
proudly
offers
all its
subscribers
a
"30-Day
Money
Back
Guarantee."
This
guarantee
allows
subscribers
to
purchase
Hostmy1stWeb.com's
services
with
full
confidence
and
zero-risk.
Consequently,
a new subscribers may request a full refund
within
30 days
of
initial
sign-up
and be
refunded
all fees
paid
to-date,
including
setup
fees,
less any
additional
over-usage
and free
domain
registration
costs
(see
section
I.C
below).
Terminated
accounts
are not
eligible
for this
guarantee
if the
termination
occurred
due to a
violation
of this
TOS.
This
guarantee
can be
requested
at
anytime
within
the 30
days of
the
commencement
of
service
if
subscriber
is not
satisfied
with
Hostmy1stWeb.com's
services.
If the
30-day
service
of the
subscription
has been
exceeded,
subscriber
is not
eligible
for this
guarantee.
All
cancellations
must be
received
in
writing
and any
prorated
balances
due you
will be
refunded.
Phone
and
Email
requests
will not
constitute
acceptance
of any
cancellation.
There
are no
refunds
on "a la
carte
services"
such as
"Domain
Names",
"DNS
Setup",
"Scripting",
"Programming"
and "Web
Design".
You must
send a
request
in
writing
for a
refund
or
cancellation.
Please
include
your
name,
address,
domain
name,
username,
password
and the
name and
last 5
digits
only of
the
credit
card
currently
used to
pay for
your
account
services.
Also
include
a brief
note
detailing
your
reasons
for
cancellation
with
your
signature
as it
appears
on your
credit
card
account.
As an
exception,
you can
make
your
cancellation
request
from
inside
the
Client
Area
once
logged
in".
10.2
THIRD
PARTY
REFUNDS.
Notice
for
Customers
Making Payment
for
third
party
services
such as SonicBids. Sonicbids
is a
third-party
payment
service
that is
offered
as a
convenience
to our
customers.
Sonicbids
mandates
that all
transactions
have a
90-day
time
limit
for all
subscriber-issued
refunds.
For this
reason,
customers
who
submit
their
payment
with
Sonicbids
are not
eligible
for the
"Any-Time
Money
Back
Guarantee"
or for
any
credits
or
adjustments
provided
beyond
the
first 90
days of
service.
10.3
VPS or
Dedicated
services
provided
by
Hostmy1stweb
cover no
feature
or
service
warranty.
No
refund
guarantee
is
available
for such
services,
as
physical
staff
involvement
is
required
during
the
setup
process.
11.
REPRESENTATIONS
AND
WARRANTIES.
You,
or the
individuals
who
electronically
execute
this
Agreement
on
behalf
of You
hereby
represent
and
warrant
that
they
have the
right,
power,
legal
capacity
and
appropriate
authority
to enter
into
this
Agreement,
and that
they own
and have
not
transferred
to any
other
person
or
entity
any of
the
rights,
claims
or
interests
that are
the
subject
of this
Agreement.
You
represent
and
warrant
that You
are 18
years of
age or
older,
or that
You have
an agent
authorized
by law
to
represent
You who
is 18
years of
age or
older
who is
entering
into
this
Agreement
on Your
behalf.
You
warrant
that
each
action
You make
is being
done so
in good
faith
and that
You have
no
knowledge
of it
infringing
upon or
conflicting
with the
legal
rights
of a
third
party or
a third
party's
trademark
or trade
name.
Hostmy1stWeb.com,
LLC.
expressly
reserves
the
right to
deny,
cancel
or
transfer
any
domain
name
registration
that it
deems
necessary,
in its
discretion,
to
protect
the
integrity
and
stability
of the
registry,
to
comply
with any
applicable
laws,
government
rules or
requirements,
requests
of law
enforcement,
in
compliance
with any
dispute
resolution
process,
or to
avoid
any
liability,
civil or
criminal,
on the
part of
Hostmy1stWeb.com,
LLC., as
well as
its
affiliates,
subsidiaries,
officers,
directors
and
employees.
Hostmy1stWeb.com,
LLC.
also
reserves
the
right to
freeze a
domain
name
during
resolution
of a
dispute.
VPS
services
provided
cover no
feature
or
service
warranty.
No
refund
guarantee
is
available
for such
services,
as
physical
staff
involvement
is
required
during
the
setup
process.
12. LIMITATION
OF
LIABILITY.
IN
NO EVENT
SHALL
Hostmy1stWeb.com,
LLC. BE
LIABLE
TO YOU
OR ANY
OTHER
PERSON
FOR ANY
INDIRECT,
INCIDENTAL,
CONSEQUENTIAL,
SPECIAL,
EXEMPLARY
OR
PUNITIVE
DAMAGES,
INCLUDING
LOSS OF
PROFIT
OR
GOODWILL,
FOR ANY
MATTER,
WHETHER
SUCH
LIABILITY
IS
ASSERTED
ON THE
BASIS OF
CONTRACT,
TORT (INCLUDING
NEGLIGENCE),
BREACH
OF
WARRANTIES,
EITHER
EXPRESS
OR
IMPLIED,
ANY
BREACH
OF THIS
AGREEMENT
OR ITS
INCORPORATED
AGREEMENTS
AND
POLICIES
YOUR
INABILITY
TO USE
THE
SOFTWARE
OR
SERVICES,
YOUR
LOSS OF
DATA OR
FILES OR
OTHERWISE,
EVEN IF
Hostmy1stWeb.com,
LLC. HAS
BEEN
ADVISED
OF THE
POSSIBILITY
OF SUCH
DAMAGES.
Some
states
may not
allow
such a
broad
exclusion
or
limitation
on
liability
for
damages
as
contained
herein.
In such
states,
Hostmy1stWeb.com,
LLC.'s
liability
is
limited
to the
full
extent
permitted
by law.
You
agree
that in
no event
shall
Hostmy1stWeb.com,
LLC.'s
maximum
aggregate
liability
exceed
the
total
amount
paid by
You for
the
particular
Software
or
Service
in
dispute
purchased
from
Hostmy1stWeb.com,
LLC..
13. DISCLAIMER
OF
WARRANTIES.
Hostmy1stWeb.com,
LLC.
expressly
disclaims
all
warranties
of any
kind,
whether
express
or
implied,
including,
but not
limited
to, the
implied
warranties
of
merchantability,
fitness
for a
particular
purpose
and
non-infringement.
Services
are
provided
on an
"As Is"
and "As
Available"
basis.
Hostmy1stWeb.com,
LLC.
makes no
warranty
that its
services
will
meet
your
requirements,
or that
the
services
will be
uninterrupted,
timely,
secure,
or error
free, or
that
defects
will be
corrected.
Hostmy1stWeb.com,
LLC.
does not
warrant,
nor make
any
representations
regarding
the use,
or
results
of, any
of the
services
it
provides,
in terms
of their
correctness,
accuracy,
reliability,
or
otherwise.
Some
jurisdictions
do not
allow
the
disclaimer
of
implied
warranties,
in which
event
that
foregoing
disclaimer
may not
apply to
You.
14. INDEMNIFICATION.
You
agree to
defend,
indemnify
and hold
harmless
Hostmy1stWeb.com,
LLC. and
its
contractors,
agents,
employees,
officers,
directors,
shareholders,
and
affiliates
from any
loss,
liability,
damages
or
expense,
including
reasonable
attorneys'
fees,
resulting
from any
third
party
claim,
action,
proceeding
or
demand
related
to Your
(including
Your
agents
affiliates,
or
anyone
using
Your
account,
software
or
services
with
Hostmy1stWeb.com,
LLC.
whether
or not
on Your
behalf,
and
whether
or not
with
Your
permission)
use of
the
Software
or
Services
You
purchased
from
Hostmy1stWeb.com,
LLC. or
Your
breach
of this
Agreement
or
incorporated
agreements
and
policies.
In
addition,
You
agree to
indemnify
and hold
Hostmy1stWeb.com,
LLC.
harmless
from any
loss,
liability,
damages
or
expense,
including
reasonable
attorneys'
fees,
arising
out of
any
breach
of any
representation
or
warranty
provided
herein,
any
negligence
or
willful
misconduct
by You,
or any
allegation
that
Your
account
infringes
a third
person's
copyright,
trademark
or
proprietary
or
intellectual
property
right,
or
misappropriates
a third
person's
trade
secrets.
This
indemnification
is in
addition
to any
indemnification
required
of You
elsewhere.
Should
Hostmy1stWeb.com,
LLC. be
notified
of a
pending
law
suit, or
receive
notice
of the
filing
of a law
suit,
Hostmy1stWeb.com,
LLC. may
seek a
written
confirmation
from You
concerning
Your
obligation
to
indemnify
Hostmy1stWeb.com,
LLC..
Your
failure
to
provide
such a
confirmation
may be
considered
a breach
of this
agreement.
You
agree
that
Hostmy1stWeb.com,
LLC.
shall
have the
right to
participate
in the
defense
of any
such
claim
through
counsel
of its
own
choosing.
You
agree to
notify
Hostmy1stWeb.com,
LLC. of
any such
claim
promptly
in
writing
and to
allow
Hostmy1stWeb.com,
LLC. to
control
the
proceedings.
You
agree to
cooperate
fully
with
Hostmy1stWeb.com,
LLC.
during
such
proceedings.
You
agree to
cooperate
fully
with
Hostmy1stWeb.com,
LLC.
during
such
proceedings.
You
agree
You will
not be
entitled
to a
refund
of any
fees
paid to
Hostmy1stWeb.com,
LLC. if,
for any
reason,
Hostmy1stWeb.com,
LLC.
takes
corrective
action
with
respect
to Your
improper
or
illegal
use of
its
services.
You also
agree
that if
Hostmy1stWeb.com,
LLC. is
notified
that a
complaint
has been
filed
with a
governmental,
administrative
or
judicial
body,
regarding
a
Traffic
Facts
account
of Yours
with
Hostmy1stWeb.com,
LLC.,
that
Hostmy1stWeb.com,
LLC. ,
in its
sole
discretion,
may take
whatever
action
Hostmy1stWeb.com,
LLC.
deems
necessary
regarding
further
modification,
assignment
of
and/or
control
of your
account
to
comply
with the
actions
or
requirements
of the
governmental,
administrative
or
judicial
body
until
such
time as
the
dispute
is
settled.
15.
GOVERNING
LAW,
VENUE;
WAIVER
OF TRIAL
BY JURY.
This
agreement
shall be
deemed
entered
into in
the
State of
Oregon.
Except
for
disputes
concerning
the user
of a
domain
name
registered
with
Hostmy1stWeb.com,
LLC.,
You
agree
that the
laws and
judicial
decisions
of the
State of
Oregon,
shall be
used to
determine
the
validity,
construction,
interpretation
and
legal
effect
of this
Agreement.
You
agree
that any
action
relating
to or
arising
out of
this
Agreement
shall be
brought
in the
courts
of
Ontario.
For the
adjudication
of
disputes
concerning
the use
of any
domain
name
registered
with
Hostmy1stWeb.com,
LLC.,
You
agree to
submit
to
jurisdiction
and
venue in
the
Canadian
District
Court
for the
State of
Oregon.
You
agree to
waive
the
right to
trial by
jury in
any
proceeding
that
takes
place
relating
to or
arising
out of
this
Agreement.
16.
NOTICES.
You
agree
that all
notices
(except
for
notices
concerning
breach
of this
Agreement)
from
Hostmy1stWeb.com,
LLC. to
You may
be
posted
on our
Web
site.
Notices
concerning
breach
will be
sent
either
to the
email or
postal
address
You have
on file
with
Hostmy1stWeb.com,
LLC.. In
either
case,
delivery
shall be
deemed
to have
been
made
five (5)
days
after
the date
sent.
Notices
from You
to
Hostmy1stWeb.com,
LLC.
shall be
made
either
by
email,
sent to
the
address
provided
on the
Hostmy1stWeb.com,
LLC. Web
site, or
first
class
mail to
Hostmy1stWeb.com,
LLC. 's
address
at:
Hostmy1stweb.com, LLC., Attn: Legal Counsel, PO Box 717, Yamhill, Oregon, 97148, USA
17.
HEADINGS.
The
headings
in the
Agreement
are
descriptive
only and
in the
event of
a
conflict
between
a
heading
and the
underlying
terms of
this
Agreement,
the
terms of
this
Agreement
shall
control.
18. ENTIRE
AGREEMENT.
You
agree
that
this
Agreement
including
the
policies
and
agreements
it
refers
to (i.e.
our
Dispute
Resolution
Policy,
etc.)
constitute
the
complete
and only
Agreement
between
You and
Hostmy1stWeb.com,
LLC.
regarding
the
Services
contemplated
herein.
19. SEVERABILITY.
You
agree
that the
terms of
this
Agreement
are
severable.
If any
part of
this
Agreement
is
determined
to be
unenforceable
or
invalid,
that
part of
the
agreement
will be
interpreted
in
accordance
with
applicable
law as
closely
as
possible,
in line
with the
original
intention
of both
parties
to the
Agreement.
The
remaining
terms
and
conditions
of the
Agreement
will
remain
in full
force
and
effect.
20.
WAIVER.
The
failure
of
Hostmy1stWeb.com,
LLC. to
enforce
any of
the
provisions
within
this
Agreement
or its
incorporated
agreements
and
policies
against
You or
others
shall
not be
construed
to be a
waiver
of the
right of
Hostmy1stWeb.com,
LLC.
thereafter
to
enforce
such
provisions.
21.
FORCE
MAJEURE.
Hostmy1stWeb.com,
LLC.
will
make
every
effort
to keep
its Web
site and
Services
operational.
However,
certain
technical
difficulties
and
other
factors
outside
of its
control
may,
from
time to
time,
result
in
temporary
service
interruptions.
You
agree
not to
hold
Hostmy1stWeb.com,
LLC.
liable
for any
of the
consequences
of such
interruptions.
22.
SURVIVAL.
Sections
1, 7,
10, 12,
13, 14,
15, 16,
17, 18,
19, 20,
21 and
22 shall
survive
any
termination
or
cancellation
of this
Agreement.
23.
NO THIRD
PARTY
BENEFICIARIES.
Nothing
in this
Agreement,
express
or
implied,
is
intended
to
confer
upon any
third
party
any
rights,
remedies,
obligations,
or
liabilities
under or
by
reason
of this
Agreement,
except
as
expressly
provided
in this
Agreement.
24.
HOSTMY1STWEB.COM
- 3RD
PARTY/ADDITIONAL
SERVICES
Hostmy1stWeb.com
has
partnered
with
third-party
vendors
to bring
you
special
products
and/or
special
deals.
If you
have
purchased
or
subscribed
to any
of the
products
listed
below,
please
visit
the
product's
website
to view
their
respective
terms
and
conditions
and are
in no
way
libel or
responsible
for
services,
payments,
refunds
or use
of their
products
or
services.
25.
MODIFICATION.
Hostmy1stweb.com,
LLC
reserves
the
right to
add,
delete,
or
modify
any
provision
of this
Policy
at any
time
without
notice.
26.
REFUSAL
OF
SERVICE.
We
reserve
the
right to
refuse,
cancel,
or
suspend
service
at our
sole
discretion.
Hostmy1stweb.com,
LLC. |