BY PURCHASING SERVICES THROUGH WEBDOMAIN.com , YOU "THE CLIENT" AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. PLEASE READ THESE "TERMS OF SERVICE" BEFORE SIGNING UP FOR WEB HOSTING.
All material posted to a WEBDOMAIN.com are subject to all applicable federal, state, and city laws. WEBDOMAIN.com will cooperate fully with any and all law enforcment agencies in producing information requested for the purpose of a legal investigation. Furthermore, and regardless of applicable law, sites containing or promoting warez, copyrighted material, pornographic images or content, links to pornographic images or content, material judged by WEBDOMAIN.com as threatening or damaging, hate material, material harmful to children,or any other material deemed inappropriate, is prohibited. WEBDOMAIN.com will be the sole arbiter as to what constitutes a violation of this provision. Any accounts found in violation of this provision will be immediately removed without notice or refund.
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service. WEBDOMAIN.com will be the sole arbiter of what is considered to be a high server usage level.
WEBDOMAIN.com guarantees 99.9% network uptime in a given month, excluding scheduled maintenance, normal system reboots, emergency system maintenance and abusive accounts. If you experience complete server downtime (which means of all server services such as, but not limited to- apache, mysql, pop, smtp etc.), we will refund 5% of your monthly fee if we cannot restore network connectivity within 120 continuous minutes. If your outage takes longer, we will refund an additional 10% of your monthly fee for each additional 60 continuous minutes (up to 100% of your monthly fee). Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but does not include services or software running on your server. Network downtime exists when a particular client is unable to transmit and receive data, that customers provides us a tracert from their location to our servers (verifying the outage is due to our servers).
This guarantee applies to the network connectivity and server uptime, but does not apply to "acts of god" or "war" or other issues outside of our control. If you have a dedicated server through our network, the same SLA applies. Customers SLA does not cover any load issues caused by illegal or mis-configured customer software running on the server. Connectivity is measured as the ability of the server to transmit and receive data, (i.e.: that means if mySQL is down but your website is still working and/or your email is working there is no downtime).
To be eligible for this SLA, your account must be in good standing. To have your account credited under the SLA a trouble ticket must be submitted and verified, you must provide third party documentation verifying the downtime. All requests for credit should be made to the billing department with a trouble ticket number referenced by the 3rd of the following month. Any customer within the WEBDOMAIN.com Network automatically qualifies to participate in this SLA.
The sending of unsolicited email using WEBDOMAIN.com resources or from an address hosted on a WEBDOMAIN.com server is expressly prohibited.
First violations of this policy will result in an "Administrative Fee" of €50 and your account will be reviewed for possible immediate termination.
A second violation will result in an "Administrative Fee" of €100 and immediate termination of your account.
Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed €75 per hour that WEBDOMAIN.com personnel must spend to investigate the matter.
WEBDOMAIN.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
BULK EMAIL POLICY:
We also monitor "Bulk E-mail". Any mailing over 2500 messages must be pre-approved. In addition, any email account sending over 500 messages per day will be considered "Bulk". There are some arrangements that can be made to accommodate a user with a large list which includes extra fees and special mail scheduling software. There is a limit of 250 email per hour that each domain can send out through SMTP.
WEBDOMAIN.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
IP ADDRESS OWNERSHIP:
If WEBDOMAIN.COM assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to WEBDOMAIN.COM and Customer shall have no right to use that Internet Protocol address except as permitted by WEBDOMAIN.com in its sole discretion in connection with the Services, during the term of this Agreement.
WEBDOMAIN.com shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by WEBDOMAIN.com and we reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in ours sole and absolute discretion.
Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
All WEBDOMAIN.com accounts come with a preset amount of transfer, expressed in gigabytes. The first time an account exceeds this amount, a notification will be issued offering an opportunity to upgrade. Subsequent overages will be billed at a rate of €3/GB unless otherwise documented during signup. Traffic is always measured in 1GB increments and overages will not be prorated.
SYSTEM AND NETWORK SECURITY:
Users are prohibited from violating or attempting to violate the security of the WEBDOMAIN.com Network. Violations of system or network security may result in civil or criminal liability. WEBDOMAIN.com will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
Accessing data not intended for such user or logging into a server or account, which such user is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
Taking any action in order to obtain services to which such user is not entitled.
Attempting to couple many hosting packages together to take advantage of massive space or bandwidth allocations. Each hosting package purchased is unique to a domain name and use - please do not purchase multiple "plan 1's" for instance to get the combined bandwidth & space. WEBDOMAIN.com will stop such transactions and label them as deceptive. We have an upgrade path for all services and we can often times work out special deals for users if they ask us for the assistance.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. WEBDOMAIN.com does not permit webscripts sharing with domains not hosted by WEBDOMAIN.com or any scripts that may be abused for UCE purposes.
WEBDOMAIN.com does not allow Web Hosting and Reseller customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. WEBDOMAIN.com provides chat rooms that meet most users' needs and run without hindering system performance.
BACKGROUND RUNNING PROGRAMS:
WEBDOMAIN.com may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Reseller customers will incur extra charges based on system resources used and operational maintenance needed.
If you wish to run background programs please contact WEBDOMAIN.com at [email protected] so that we can arrange set-up.
WEBDOMAIN.com does not allow IRC or IRC bots to be operated by Web Hosting and Reseller customers. If an IRC program is discovered, immediate termination will result without warning. The following processes are illegal on our servers and will be killed automatically: BitchX, bnc, eggdrop, guardservices, ircd, psyBNC, ptlink, or like services.
Multimedia files are defined as any audio and/or video files. WEBDOMAIN.com Web Hosting and Reseller accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files.
Any web site whose disk space usage for storing multimedia files exceeds 70% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
GAME SERVER SOFTWARE:
WEBDOMAIN.com prohibits the use of any game server software on any hosting or reseller accounts.
SSH access is not granted to users. Customers who still need such access will have to open a trouble tickets to get a provisional priviledge added to their account. However we do offer Secure File Transfer Protocal (SFTP). SFTP maybe be granted to those who wish to securely transfer files to and from the server. Set-Up Fees may apply, please contact [email protected] for more details.
Applications and scripts like phpshell / cgitelnet scripts, but not limited to just those two, are not allowed at all, for any reason on our servers. Any website found with this script installed will be immediatly terminated. WEBDOMAIN.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
In the normal course of business, WEBDOMAIN.com will not be responsible for maintaining backups of client email or web files. Each client is responsible for maintaining their own backups as provided by the control panel, "phpmyadmin" utility, or any other software chosen to archive site data. WEBDOMAIN.com shall not be held responsible for any lost data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Anyway, for security purpose, WEBDOMAIN.com manage 2 backups/month + 1 daily backup. In any case, the custommer can request a restore of his data, on the date of the last backup, for a €15 fee*.
WEBDOMAIN.com may discontinue, upgrade, replace, modify, or change in any way, without limitation or notification to customers, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with WEBDOMAIN's services. Certain changes to WEBDOMAIN.com's services may affect the operation of customers personalized applications and content. Each customer is solely responsible, and WEBDOMAIN.com is not liable, for any and all such personalized applications and content, except as expressly agreed to by WEBDOMAIN.com.
All charges are originally shown in European Euros. Payments are to be made in European Euros.
WEBDOMAIN.com accepts the following types of payment:
- Credit card (VISA, MasterCard)
- PayPal (Only Verified accounts will be accepted)
All payments are due on the first of each month. If you provide WEBDOMAIN.com your credit card information, you authorize WEBDOMAIN.com to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card or paypal account until such time that you cancel your account in accordance with WEBDOMAIN.com's Billing Policy in the TOS. You are responsible for directly updating, or notifying WEBDOMAIN.com, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Accounts that are two (2) days past due will be automatically suspended. For resellers if you are (2) days past due all your accounts will be suspended. Sites suspended for non-payment, may be required to pay up to an entire year in advance before being un-suspended and/or pay a €30.00 re-connection fee, per incident. In addition, all fees due, must be collected before re-activation. Accounts that are not collectable by WEBDOMAIN.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than €50, but no more than €150.
BILLING CYCLES (TERMS):
WEBDOMAIN.com offers a monthly, quartely, bi-yearly and yearly Billing Cycles (terms) for hosting charges. The Billing Cycle begins on the first day of the month after the Plan Activation Date. All additional features added to an account are charged monthly. Additional items are non-refundable.
WEBDOMAIN.com does not mail paper invoices or statements. We will notify you 5 days prior to billing your account, this is a reminder for your records, once your account is billed you will get a email notice of payment from the payment processor.
Customers that wish to reactivate a closed account will be assessed a €30 reactivation fee.
WEBDOMAIN.com regulary runs specials on hosting and reseller packages. If you have purchased an hosting or reseller package from WEBDOMAIN.com and within the first 30 calendar day's of that account WEBDOMAIN.com offers a special on the same named package or plan that you have purchased, you can have your features upgraded or altered to match the features of the special offer.
If you account is older than 30 calendar days, you will have to upgrade your hosting/reseller plan to receive the special and it's additional features. If a hosting and/or reseller plan offers a reduced price anytime after you purchase your account, you will have to upgrade your current plans to receive the special offer pricing and features.
WEBHOSTING PLAN CHANGES:
Customers electing to change to a lower priced hosting plan will be charged a €15 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between orginal package plan rate and the new package plan rate.
WEBDOMAIN.com is very proud to offer it's clients an unconditional 30-day money back guarantee. We are confident that you will be very happy with our service, but should you become unsatisfied at any time within the first 14 days after your account activation, WEBDOMAIN.com will refund your entire hosting fee excluding any applicable setup charges.
NOTE: There are NO REFUNDS for any addon services, domain transfers/purchases and/or optional domain services, software purchases, lease purchases etc., our 30-Day Money Back Guarantee applies soley to hosting package payment.
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact WEBDOMAIN.com's Billing Team, at [email protected]. WEBDOMAIN.com's billing representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service.
Cancellation requests must be received by WEBDOMAIN.com a minimum of five (5) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by WEBDOMAIN.com. WEBDOMAIN.com is unable to cancel your account effective for a future date. WEBDOMAIN.com will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact WEBDOMAIN.com as soon as possible.
If you request to cancel your account within the first 30 days of service and request a refund, your account will be closed immediately once the refund is processed.
WEBDOMAIN.com does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to WEBDOMAIN.com's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. WEBDOMAIN.com reserves the right to cancel any account, at any time, without notice, for any reason WEBDOMAIN.com considers appropriate.
CREDIT CARDS DISPUTE/CHARGEBACK:
WEBDOMAIN.com has a zero tolerance policy for chargebacks. Any customer who disputes any credit card payment is subject to a fine, suspension and account termination at WEBDOMAIN's discretion. A charge of €50.00 per chargeback will be assessed to all accounts that we receive a chargeback for, and may be turned over to an outside collections agency. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than €50, but no more than €150.
REFUND & DISPUTES:
All payments to WEBDOMAIN.com are non refundable. This includes the normal and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in WEBDOMAIN.com's sole discretion is a valid charge under the provisions of this Terms of Service (TOS), you agree to pay WEBDOMAIN.com an "Administrative Fee" of not less than €30 and not more than €50.
NEW DOMAIN ACCOUNTS:
All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by WEBDOMAIN.com on behalf of the account holder a handling fee will be incurred.
TRANSFER OF DOMAINS:
New webhosting accounts which involve the transfer of a domain from another provider to WEBDOMAIN.com will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by WEBDOMAIN.com on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
OWNERSHIP OF WEBSITE:
The legal owner of customers web sites and accounts with WEBDOMAIN.com will be the individual or organization whose name is listed in WEBDOMAIN.com's database as the owner. Customers will fully cooperate with and abide by any and all of WEBDOMAIN.com's security measures and procedures in the event of any dispute over ownership of customers web sites and accounts with WEBDOMAIN.com.
You must provide us with, and keep current, good contact information for you. Address, e-mail, fax, and telephone contacts are used, in that order of preference.
WEBDOMAIN.com will not tolerate any verbal abuse to it's staff and/or customers. If such situations occur WEBDOMAIN.com can and will deactivate your account immediately without refund to the offender.
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All WEBDOMAIN.com customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a WEBDOMAIN.com customer (per the DMCA) to WEBDOMAIN.com must follow the below procedures. Copyright infringement notifications submitted to WEBDOMAIN.com according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at WEBDOMAIN.com's sole discretion.
DMCA Copyright Infringement Notification Requirements:
a. Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
b. Identification of the copyrighted work(s) claimed to have been infringed.
c. Identification of the material claimed to infringe the copyright(s), and enough information for WEBDOMAIN.com to locate it including URLs and specific descriptions of the infringing material at each URL.
d. The Claimant's name, address, and telephone number(s).
e. A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
f. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
g. Mail the notification to: [email protected]
Customers are required to use the WEBDOMAIN.com network responsibly. This includes respecting the other customers of WEBDOMAIN.com. WEBDOMAIN.com reserves the right to suspend and/or cancel service with any customer who uses the WEBDOMAIN.com network in such a way that adversely affects other WEBDOMAIN.com customers. While WEBDOMAIN.com may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, WEBDOMAIN.com does not monitor its customers communications or activities to determine whether they are in compliance with the TOS. However, when WEBDOMAIN.com becomes aware of any violation of the TOS or other user agreements, WEBDOMAIN.com may take any action to stop or correct such violation, including, but not limited to, denying access to WEBDOMAIN.com's services and equipment. In addition, WEBDOMAIN.com may take action against a customer.
Customers are solely responsible for ensuring the Services are renewed and they are solely responsible for ensuring there is adequate funding for the Services to be renewed. WEBDOMAIN.com shall have no liability to the customer or any third party in connection with the renewal or any attempt to renew the services as described herein, including, but not limited to, any failure or errors in renewing or attempting to renew the Services. The foregoing limitation is in addition to any other limitations of liability set forth in this Agreement.
WEBDOMAIN.com wishes to emphasize that in agreeing to this Terms of Service (ToS), customer indemnifies WEBDOMAIN.com for any violation of the this Terms of Service (ToS) that results in loss to WEBDOMAIN.com or the bringing of any claim against WEBDOMAIN.com by any third-party. This means that if WEBDOMAIN.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against WEBDOMAIN.COM, plus all costs and attorney's fees.
LIMITATION OF LIABILITY:
Hardware failures sometimes occur and are not within the control of WEBDOMAIN.com . WEBDOMAIN.com uses quality parts to reduce the possiblity of a failure, and will do everything possible to minimize the impact of a failure, should it occur. WEBDOMAIN.com shall not however be responsible for any claimed damages, including incidental and consequential damages, which may arise from WEBDOMAIN.com servers going off-line or being unavailable for any reason whatsoever. Furthermore, WEBDOMAIN.com shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site on one of WEBDOMAIN.com servers. All damages shall be limited to the immediate termination of service.
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. WEBDOMAIN.com and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
THIRD PARTY LICENCES:
WEBDOMAIN.com makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, WEBDOMAIN.com makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, WEBDOMAIN.com specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold WEBDOMAIN.com liable in any way for the revocation of any license, which has been licensed to WEBDOMAIN.com. The use of the Technologies obtained from or through WEBDOMAIN.com, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-WEBDOMAIN.com products by WEBDOMAIN.com, its employees, or any third party entity related to WEBDOMAIN.com is for information purposes only and does not constitute an endorsement or recommendation by WEBDOMAIN.com. WEBDOMAIN.com disclaims any and all liabilities for any representation or warranty made by the vendors of such non-WEBDOMAIN.com products or services.
Customers will not, without WEBDOMAIN.com's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on WEBDOMAIN.com's web site, and customers will not use any of WEBDOMAIN.com's trademarks, service marks, copyrighted materials, or other intellectual property without WEBDOMAIN.com's express written consent. Customers will not, in any way, misrepresent their relationship with WEBDOMAIN.com, attempt to pass themselves off as WEBDOMAIN.com, or claim that customers are WEBDOMAIN.com.
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for WEBDOMAIN.com's services, either in whole or in part, without the prior written consent of WEBDOMAIN.com.
MINIMUM AGE REQUIREMENT:
WEBDOMAIN.com customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become a WEBDOMAIN.com customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for WEBDOMAIN.com services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains WEBDOMAIN.com's express written consent to the contrary. Any acceptance of the TOS or any other agreement for WEBDOMAIN.com's services will be deemed null and void to the extent that WEBDOMAIN.com will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of WEBDOMAIN.com's services. In addition, the parent or legal guardian of the Minor must be listed as the account holder.
WEBDOMAIN.com will not be liable for delays in its performance of the TOS or WEBDOMAIN.com services caused by circumstances beyond WEBDOMAIN.com's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). WEBDOMAIN.com will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Any waiver, modification, or amendment of any provision of the TOS or other agreement for WEBDOMAIN.com services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of WEBDOMAIN.com.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between WEBDOMAIN.com and its customers. Each of WEBDOMAIN.com and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
CONSTRUCTION AND INTERPRETATION:
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
In addition to the above mentioned items, WEBDOMAIN.com reserves additional rights as a part of this agreement. WEBDOMAIN.com , acting in the best interest of the majority of its customers, reserves the right to suspend or remove an account from the system without reason, so long as any unused portion of the amount billed to the client is refunded. This refund will not include any applicable setup charges or activation fees. Furthermore, in the event that suit is brought against WEBDOMAIN.com or graphicAtelier, the laws and regulations of Austria, will be upheld.
COMPLETE AGREEMENT AND EXCLUSIVITY:
The TOS, and/or any other specific agreement for WEBDOMAIN.com services, constitutes the complete understanding and agreement between WEBDOMAIN.com and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of WEBDOMAIN.com, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for WEBDOMAIN.com services is between WEBDOMAIN.com and its customers only and will not confer any rights in any third party except as otherwise expressly provided by WEBDOMAIN.com.
GOVERNING LAW AND SEVERABILITY:
The TOS, and any other agreement for WEBDOMAIN.com services, will be governed by and construed in accordance with the laws of the State of Oberösterreich, Austria without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and WEBDOMAIN.com will take place in Linz, Linz Land, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other WEBDOMAIN.com agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Any questions related to this TOS, should be addressed to: [email protected]