This Terms of Service (the "Agreement") is a binding, legal agreement between StatewideWebHost.com (the "Company") and the customer (the "Customer" or "you"). This agreement shall govern your purchase and use, in any manner, of services provided by StatewideWebHost.com (collectively, the "Services").
By purchasing or using, in any manner, any Services provided by the company, you represent that you have read, understand, and fully agree to the terms and conditions set forth within this Agreement. If you do not accept all terms and conditions set forth within this Agreement, do not purchase or use Services in any manner. If you are already a Customer and do not accept this Agreement, you must immediately notify StatewideWebHost.com of your intent to terminate this Agreement as outlined below.
1. Term
This Agreement shall engage both parties in a binding, legal contract effective upon submission of an order by the Customer, for an initial term as specified on the order form (the "Billing Term"). This Agreement shall automatically renew for an additional Billing Term, and remain in full force and effect, following the expiration of the previous Billing Term until the Agreement is terminated as outlined below.
2. Termination
This Agreement may be terminated by the Customer at anytime when on a month-to-month plan, with or without cause, by completing the cancellation form within their client account at http://www.statewidewebhost.com/clients no later than the last day of the Billing Term or Cycle. If the cancellation request is received after the end of the Billing Term or Cycle, the Customer agrees to the cancellation date of the next renewal date. For example: A web hosting or dedicated server account that is month-to-month with the payment renewal being October 15. If customer cancels before October 14, we will cancel account on October 15. If customer cancels after the renewal on October 15, then customer will need to wait until November 15 when we will process their request for cancellation and cancel their account. The Customer acknowledges that no refunds will be issued for unused time. You have agreed to this once any product/service has been purchased from StatewideWebHost.com. If customer is on a contract, the customer can only cancel 30 days from the end date with their account being cancelled on the contract end date.
This Agreement may be terminated by the Company, without cause, by providing no less than two (2) days notice of intent to terminate this Agreement via electronic mail to the address listed on the Customer's account. This Agreement may also be terminated by the Company, without notice, in the event of (a) non-payment by the Customer as outlined below; or (b) violation of any clause of this Agreement; or (c) at the Company's discretion, continuing to provide service to the Customer would be harmful to the business or reputation of the Company. In such event, the Company shall have no liability to the Customer.
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations will survive the termination or expiration of the Agreement.
3. Representations.
Customer warrants, represents, and covenants to StatewideWebHost.com that (a) you are at least eighteen (18) years of age; and (b) you possess the legal right and ability to enter into this Agreement; and (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; and (d) you will be financially responsible for the use of your account; and (e) you have acquired or will acquire all authorizations necessary for hypertext links to third-party Web sites or other content; and (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted; and (g) your content does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
4. Payment
All Services provided by the Company are billed and must be paid in advance according to the then-current price applicable to the Services. Prices are subject to change at anytime with 30 days notice to the Customer. All prices are in United States Dollars ("USD"). A notice of Services due (the "Invoice") will be generated and sent to you via electronic mail to the address listed on the Customer's account approximately seven (7) days prior to the end of the Term. Full payment is due no later than 11:59 PM (GMT -5) on the due date specified on the Invoice (the "Due Date"). The Customer further understands that suspension or termination of Services, at the Company's sole discretion, may occur as a result of any Invoice that is not paid by the Due Date. The Customer agrees to pay a "Late Penalty" of $10.00 USD for any Invoice not paid by the Due Date. In addition, a "Reconnection Fee" of $10.00 USD will be applied to each Service suspended as a result of non-payment which shall be due and payable prior to unsuspension of any such Service. The Company is not liable for any damages or loss of data as a result of such suspension or termination of Services for non-payment.
5. Collections
Invoices that remain unpaid after thirty-one (31) days after the Due Date will be referred to an outside collections agency which may result in negative information being reported to all major credit bureaus. The Customer agrees to pay a "Collections Fee" of $50.00 USD for any Invoice that is referred to an outside collections agency. If litigation is deemed necessary to collect a past due debt, the Customer agrees to pay associated all court and attorney fees. Legal venue shall be at the Company's discretion.
6. Refunds and Disputes
All payments to StatewideWebHost.com are non-refundable. This includes the one-time setup fee and all subsequent charges regardless of usage. All overcharges or disputes must be reported to StatewideWebHost.com within thirty (30) days. If you dispute a charge with PayPal or your credit card issuer that, at the Company's sole discretion, is a valid charge under this Agreement, you agree to pay the Company an additional "Dispute Fee" of $100.00 USD.
7. Resource Usage
Each customer is required to utilize available server and network resources so as to allow for reasonable network performance by all StatewideWebHost.com customers. Because bandwidth is a shared resource, excessive consumption of network bandwidth can interfere with or completely prevent normal network performance for other servers. Persistent, high-volume use of bandwidth-intensive tools and applications can and does prevent other users from being able to access the network. Any Service found to be consuming excessive server or network resources may be suspended or terminated at the Company's discretion.
Your server comes with a set bandwidth allotment. This represents the amount of bandwidth that you are allowed to use for each calendar month. If you exceed this allotment for any reason in any calendar month, StatewideWebHost.com reserves the right to suspend Services until an upgraded bandwidth allotment is purchased. All bandwidth usage beyond your allotment is billed at the rate of $0.75 per gigabyte. For customers that are billed on each Mbps, 95th percentile will be used, and the cost per Mbps overage is $30 per Mbps. Bandwidth billing is done in arrears, and you will receive your bill for overage bandwidth during the first week of the following month. It is your responsibility to monitor your bandwidth usage and to pay for all overages.
8. Uptime Guarantee
StatewideWebHost.com guarantees that our network will be available 99.9% of the time in any given calendar month, excluding scheduled maintenance, acts of God, or other circumstances out of the Company's control. In the event that our network is inaccessible for more than one (1) hour during any given calendar month, each customer will automatically be granted an additional 100GB of data transfer free of charge for the following month as compensation for the aforementioned downtime. Network uptime includes functioning of all network infrastructure including routers, switches and cabling. Network downtime exists when a particular customer is unable to transmit and receive data and the Customer reports such problem in the StatewideWebHost.com support helpdesk. Network downtime is measured from the time the helpdesk ticket is opened by the Customer to the time the server is once again able to transmit and receive data. All shared web hosting plans offer a guarantee that only 85 shared accounts will be per server. This improves server performance for all clients and gives optimum service quality.
9. Support Policy
The Company will provide a full management service to the Customer ("Server Management"). Server Management shall include (a) guaranteed initial support ticket response within 6 hours; and (b) guaranteed initial support ticket resolution within 24 hours; and (c) 24/7/365 server monitoring at 5 minute intervals with staff reaction after 3 consecutive failures are logged; and (d) server security, hardening, and optimization as needed; and (e) routine server software and backend upgrades as needed; and (f) troubleshooting problems that arise with the server that are not caused by customer negligence; and (g) installation and support of approved 3rd party, cPanel supported software at the Company's discretion.
We will install 3rd party server software that is specifically considered a common cPanel module and/or specifically considered a common module of any core software preinstalled by default from cPanel (Apache, PHP, MySQL, Exim, etc.). 3rd party software installation requests are handled on a per instance basis at our own discretion. We expressly reserve the right to refuse installation of any 3rd party software without cause.
10. Support Fair Use Policy
While we do not expressly limit the amount of tickets or administration time that we offer to each Customer, we ask that you respect others by not abusing our support resources. If we find that you are abusing our support resources by submitting incessant tickets, requesting support for menial tasks that do not require support intervention, or are constantly demanding immediate "on the spot" support, we reserve the right to place a limit on the number of support tickets you are allowed to submit and/or terminate your management service at our sole discretion. On average, most clients submit less than 5 tickets per month.
11. Support Abuse
Abuse directed towards our staff will not be tolerated. If you use foul language, threaten us, or do anything else that we may find offensive, you will be subject to, at the Company's sole discretion, suspension or termination of Services without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or issue a chargeback.
12. Public Forum Posts
We have a zero tolerance policy for posting negative feedback on any public forum about our company and/or our employees before submitting a ticket to our "Management Team" queue to discuss your issue. Any negative public forum posts will result in immediate account termination without any refund. While it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional to do so. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event that you are not satisfied, all that we ask is to discuss your issue with our Management Team first.
13. Acceptable Use Policy
By accepting this Agreement, you acknowledge that you have read, understand, and agree to the "Acceptable Use Policy" located at http://www.statewidewebhost.com/aup.html and all terms and conditions set forth within. When the Customer is found to be in violation of the Acceptable Use Policy, we will send a notice via electronic mail to the address listed on the Customer's account. Pending resolution of the violation, the Company reserves the right to suspend or terminate Services at our sole discretion. Prior notification is not guaranteed. Any violation of the Acceptable Use Policy may result in an "Abuse Penalty" of upto $25.00 USD per violation at our sole discretion.
14. Limitation of Liability
Customer expressly agrees that use of StatewideWebHost.com Services is at the Customer's sole risk. Neither StatewideWebHost.com, its employees, agents, resellers, third party information providers, merchants licensers or the like, warrant that the Company's Services will not be interrupted or be error-free; nor do they make any warranty as to the results that might be obtained from the use of the Services or as to the accuracy, or reliability of any information service or merchandise contained in or provided through our network, unless otherwise expressly stated in this Agreement. Customer also acknowledges and accepts that any damages will be limited to no more than 100% of the previous month's invoice.
Under no circumstances, including negligence, shall StatewideWebHost.com, its officers, agents or any one else be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use our service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to StatewideWebHost.com records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all contents on all servers.
Customer agrees that it shall defend, indemnify, save and hold StatewideWebHost.com harmless from any demands, liabilities, losses, costs and claims, including reasonable attorneys fees ("Liabilities"), asserted against the Company, its agents, its customers, servants officers and employees, that may arise or result from any Services provided, or performed, or agreed to be performed; or any product sold by the Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless StatewideWebHost.com against Liabilities arising out of (i) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (ii) any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party; (iii) copyright infringement and (iv) any defective product which customer sold on StatewideWebHost.com servers.
15. Governing Law and Disputes
The Agreement shall be governed by the laws of the State of New York, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. By using services provided by StatewideWebHost.com, you agree to binding arbitration. Disputes will be resolved by an independent, certified arbitrator, determined by StatewideWebHost.com. Decisions issued by that arbitrator are legally binding and final. All fees associated with the arbitration are the responsibility of the filing party. There are no exceptions to this agreement of arbitration.
16. Partial Invalidity
If any provision of this agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. The Company and the Customer agree to renegotiate in good faith any term held invalid and to be bound by mutually agreed substitute provision.
17. Transfer of Rights
The Customer may not, under any circumstances, transfer this Agreement to any other party without prior written consent of the Company. The Company reserves the right to levy a fee prior to any such transfer. The Company further reserves the right to deny any transfer.
18. Updates to This Agreement
StatewideWebHost.com may modify, in whole or in part, this Agreement by providing you written notice of such change. Notices of changes to this Agreement will be posted on our company forums at http://www.peerlessmachines.net. Any updated Agreement shall take effect immediately upon the Company posting the change on the company forums as outlined in this clause.
