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Terms of Service

Our Terms and Conditions have been written in order to protect our clients and ourselves to ensure we can deliver stable, reliable and high quality products and network. Following our policies will assist us in keeping our servers and network free of abuse, which will ensure quality performance for everyone.

Servcie Agreement

   This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting and other Internet-related services provided by WebServers4U.com (the "Services"). As used in this Agreement, "WebServers4U" means WebServers4U.com and "Client", "you", or "your" means you. By clicking on the "Submit Order" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the WebServers4U site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "WebServers4U Site" refers to the Site located at the URL http://webservers4u.com, or any other successor Sites owned or maintained by WebServers4U.
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Appropriate use of the services

   WebServers4U provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

  • Client Content. Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any WebServers4U server in connection with Client's use of the Services which:
    • violate any state, federal or foreign laws or regulations;
    • infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of WebServers4U or any third party;
    • are defamatory, slanderous or trade libelous;
    • are threatening or harassing;
    • are discriminatory based on gender, race, age or promotes hate
    • violate any WebServers4U policy posted on the WebServers4U Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
    • contain viruses or other computer programming defects which result in damage to WebServers4U or any third party.
  • Bandwidth. Client may occupy only the amount of disk space on the WebServers4U Server and utilize no more than the network bandwidth that is allotted by WebServers4U. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
  • No "SPAM". Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at WebServers4U, or otherwise, that mentions or reference any domain hosted on WebServers4U servers or parked on WebServers4U DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, DEDICATED SERVER CUSTOMERS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy).
  • Licensed Software Only. Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
  • Back-Up Files and Processing. Client will have the ability to reinstate files which are automatically archived by WebServers4U; however, WebServers4U does not guarantee the existence, accuracy, or regularity of its backup services on Virtual Servers and, therefore, Client is responsible for making back-up files in connection with its use of the Services.  On Dedicated Servers, we will install the backup script for our clients, but the running of cron jobs and services is the responsibility of the server owner. The backup script can be set up to generate a daily email with results, to assist you in monitoring.
  • Termination. WebServers4U reserves the right to refuse service to anyone. WebServers4U, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact Customer Support
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Payment Obligations
  • Service Fees. By the Tenth (10th) of each month, WebServers4U shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to WebServers4U by no later than 10 days after the specified payment due date. WebServers4U shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to WebServers4U. Certain services carry a set-up fee charged by WebServers4U to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to WebServers4U and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, unless a contract is in place, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid WebServers4U for such Services, refunds will be issued for any unused full month month portions less one month of the Services upon Clients request. Therefore, if Client's account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for all but one of the full months remaining after notice given by the 25th of the preceding month.
  • Late payments. Any payment not received within twenty (20) days of the invoice date, will be assessed a late fee of one and one-half percent (1 1/2%) per month or the highest rate allowed by applicable law, whichever is lower, with minimum of a $5.00 fee. Customer also shall pay to WebServers4U all expenses incurred by WebServers4U in exercising any of its rights under this Agreement or applicable law with respect to a Payment Default or other breach by Customer, including, but not limited to, reasonable attorneys' fees and the fees of any collection agency retained by WebServers4U.
  • Taxes. Customer will be responsible for and will pay in full, any taxes and similar fees now in force or enacted in the future imposed on the transaction and/or the delivery of Services.
  • Domain Names. If Client chooses to register a domain name(s) through WebServers4U, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. WebServers4U does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
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Client Liability and Indemnification
  • The parties agree that in no event shall WebServers4U be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless WebServers4U from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
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Term, Terminination and Reinstatement
  • Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section. Either party will have the right to terminate this Agreement upon notice to the other party. All cancellation requests must be received by the 25th of the respective month of cancellation.
  • If WebServers4U suspends a virtual account for non-payment, Client shall be allowed to re-instate Client's use of the Services within Five (5) business days of cancellation upon approval from WebServers4U and full payment of balances due.
  • If WebServers4U disconnects a Dedicated Server or Colocation server for non-payment, the Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's server. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. WebServers4U will maintain an archival copy of Client's data files for (5) days after WebServers4U disconnects the server.
  • If a Client terminates their account, WebServers4U will disable the server/account the day the client specifies the account is cancelled. WebServers4U will not maintain an archival copy of the Clients Web site or files.  It is the responsibility of the Client to remove any data off the server prior to the date provided in their cancellation notice.
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Taxes
  • Client will pay and indemnify and hold WebServers4U harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
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Disclaimer of Warranty
  • THE SERVICES, THE WebServers4U SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE WebServers4U SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. WebServers4U DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WebServers4U SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1) THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
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Limitation of Liability
  • IN NO EVENT SHALL WebServers4U BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE WebServers4U SITE OR ANY WebServers4U PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL WebServers4U CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
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Miscellaneous
  • Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.
  • If to WebServers4U:

      WebServers4U
      117 East Parker Road Extension
      New Berlin, New York 13411

    If to Client:

      Name and address provided for account setup.
       

  • If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by WebServers4U. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to itís conflict of law rules. This Agreement and WebServers4Uís policies are subject to change by WebServers4U without notice. Continued usage of the Services after a change to this Agreement by WebServers4U or after a new policy is implemented and posted on the WebServers4U Site constitutes your acceptance of such change or policy. We encourage you to regularly check the WebServers4U Site for any changes or additions.
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