Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference into this Agreement and form one in the same. By using the Services, you also agree to the terms of the following policies.
Additional terms may
also apply to certain Services, and are incorporated by reference herein as
applicable. For example, if you register a domain name with us, then the Domain
Registration Agreement will also apply to you and would be incorporated herein.
Account Eligibility
By registering for or
using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely
for Users who are eighteen (18) years of age or older. Any registration, use of
or access to the Services, by anyone under eighteen (18) is unauthorized and is
a violation of this Agreement.
If you use the Services
on behalf of a legal entity or another party you agree that you are authorized
to bind such other party to this Agreement and to act on such other party's
behalf with respect to any actions you take in connection with the Services.
It is your
responsibility to provide accurate, up-to-date, truthful, current, and complete
information on the registration forms, including an email address that is
different from the domain you are signing up under. If there is ever an abuse
issue or we need to contact you, we will use the primary email address we have
on file. It is your responsibility to ensure that the contact information for
your account, including any domain accounts is accurate, correct and complete
at all times. WebHostRocket.com is not responsible for any lapse in the
Services, including without limitation, any lapsed domain registrations due to
outdated contact information being associated with the domain. If you need to
verify or change your contact information, please contact our sales team via
email or update your contact information through the WebHostRocket.com Billing
and Support System. Providing false contact information of any kind may result
in the termination of your account. In dedicated server purchases or certain
other cases, you may be required to provide government issued identification
and possibly a scan of the credit card used for verification purposes. Failure
to provide the information requested may result in your order being denied.
You agree to be fully
responsible for all use of your account and for any actions that take place
through your account. It is your responsibility to maintain the confidentiality
of your password and other information related to the security of your account.
Any dedicated IP order in addition to those provided with a hosting package may
be subject to IP justification. IP justification practices are subject to
change to remain in compliance with the policies of the American Registry for
Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request
based on insufficient justification or current IP utilization.
Transfers
Our Transfers Team will
make every effort to help you move your website to us. Transfers are provided
as a courtesy service for up to 5 cPanel accounts (additional migrations are
available at our standard hourly admin rate). We must be able to obtain a FULL
cPanel backup from your current host and the compressed account size shall not
exceed 1 GB. We reserve the right to discontinue or modify our transfer policy
at any time.
We do not make any
guarantees regarding the availability, possibility, or time required to
complete an account transfer. Each hosting company is configured differently,
and some hosting platforms save data in an incompatible or proprietary format,
which may make it extremely difficult, if not impossible, to migrate some or
all account data. In some cases we may not be able to assist you in a transfer
of data from an old host. Where offered, the free transfer service is available
for thirty (30) days from your sign up date.
Transfers outside of the
thirty (30) day period may incur a charge; please contact a member of our
Transfers department to receive a price quote. In no event shall WebHostRocket.com
be held liable for any lost or missing data or files resulting from a transfer
to or from WebHostRocket.com. You are solely responsible for backing up your
data in all circumstances.
WebHostRocket.com Content
Except for User Content
(as defined below), all content available through the Services, including
designs, text, graphics, images, video, information, software, audio and other
files, and their selection and arrangement, and all software used to provide
the Services (collectively, "WebHostRocket.com Content"), are the
proprietary property of WebHostRocket.com or WebHostRocket.com's licensors. WebHostRocket.com
Content may not be modified, copied, distributed, framed, reproduced,
republished, downloaded, scraped, displayed, posted, transmitted, sold or
exploited for any purpose in any form or by any means, in whole or in part,
other than as expressly permitted in this Agreement. You may not, directly or
indirectly, reverse engineer, decompile, disassemble or otherwise attempt to
derive source code or other trade secrets from any WebHostRocket.com Content.
Any use of WebHostRocket.com Content, other than as specifically authorized
herein, is prohibited and will automatically terminate your rights to use the
Services and any WebHostRocket.com Content. All rights to use WebHostRocket.com
Content that are not expressly granted in this Agreement are reserved by WebHostRocket.com
and WebHostRocket.com's licensors.
User Content
You may be able to
upload, store, publish, display and distribute information, text, photos,
videos and other content on or through the Services (collectively, "User
Content"). User Content includes any content posted by you or by users of
any of your websites hosted through the Services ("User Websites").
You are solely responsible for any and all User Content and any transactions or
other activities conducted on or through User Websites. By posting or distributing
User Content on or through the Services, you represent and warrant to WebHostRocket.com
that (i) you have all the necessary rights to post or distribute such User
Content, and (ii) your posting or distribution of such User Content does not
infringe or violate the rights of any third party.
You may not however use
your /home/ directory as a location to place backups. Including
cPanel/WHM/Third Party applications. All websites are automatically backed-up
nightly in third party locations. If you would like to conduct your own backups
you MUST purchase block storage from us at $29.95/month per 150GB. WebHostRocket.com
reserves the right to remove any files that violate this policy under our sole
discretion. User's that violate this policy are subject to immediate suspension
and/or termination.
Solely for purposes of
providing the Services, you hereby grant to WebHostRocket.com a non-exclusive,
royalty-free, worldwide right and license to: (i) use, reproduce, publicly
perform, publicly display, modify, translate, excerpt (in whole or in part), publish
and distribute User Content; and (ii) make archival or back-up copies of User
Content and User Websites. Except for the rights expressly granted herein, WebHostRocket.com
does not acquire any right, title or interest in or to the User Content, all of
which shall remain solely with you.
WebHostRocket.com
exercises no control over, and accepts no responsibility for, User Content or
the content of any information passing through WebHostRocket.com's computers,
network hubs and points of presence or the Internet. WebHostRocket.com does not
monitor User Content. However, you acknowledge and agree that WebHostRocket.com
may, but is not obligated to, immediately take any corrective action in WebHostRocket.com's
sole discretion, including without limitation removal of all or a portion of
the User Content or User Websites, and suspend or terminate any and all
Services without refund if you violate the terms of this Agreement. You hereby
agree that WebHostRocket.com shall have no liability due to any corrective
action that WebHostRocket.com may take.
Third Party Products and Services
Third Party Providers
WebHostRocket.com may offer certain third party products
and services. Such products and services may be subject to the terms and
conditions of the third party provider. Discounts, promotions and special third
party offers may be subject to additional restrictions and limitations by the
third party provider. You should confirm the terms of any purchase and the use
of goods or services with the specific third party provider with whom you are
dealing.
WebHostRocket.com does not make any representations or
warranties regarding, and is not liable for, the quality, availability, or
timeliness of goods or services provided by a third party provider. You
undertake all transactions with these third party providers at your own risk.
We do not warrant the accuracy or completeness of any information regarding
third party providers. WebHostRocket.com is not an agent, representative,
trustee or fiduciary of you or the third party provider in any transaction.
WebHostRocket.com as
Reseller or Licensor
WebHostRocket.com may
act as a reseller or licensor of certain third party services, hardware,
software and equipment used in connection with the Services ("Non-WebHostRocket.com
Products"). WebHostRocket.com shall not be responsible for any changes in
the Services that cause any Non-WebHostRocket.com Products to become obsolete,
require modification or alteration, or otherwise affect the performance of the
Services. Any malfunction or manufacturer's defects of Non-WebHostRocket.com
Products, either sold, licensed or provided by WebHostRocket.com to you will
not be deemed a breach of WebHostRocket.com's obligations under this Agreement.
Any rights or remedies you may have regarding the ownership, licensing,
performance or compliance of any Non-WebHostRocket.com Product are limited to
those rights extended to you by the manufacturer of such Non-WebHostRocket.com
Product. You are entitled to use any Non-WebHostRocket.com Product supplied by WebHostRocket.com
only in connection with your use of the Services as permitted under this
Agreement. You shall make no attempt to copy, alter, reverse engineer, or
tamper with such Non-WebHostRocket.com Product or to use it other than in
connection with the Services. You shall not resell, transfer, export or
re-export any Non-WebHostRocket.com Product, or any technical data derived
therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain
links to other websites that are not owned or controlled by WebHostRocket.com
("Third Party Sites"), as well as articles, photographs, text,
graphics, pictures, designs, sound, video, information, and other content or
items belonging to or originating from third parties ("Third Party
Content"). We are not responsible for any Third Party Sites or Third Party
Content accessed through the Services. Third Party Sites and Third Party
Content are not investigated, monitored or checked for accuracy, appropriateness,
or completeness by us. If you decide to access Third Party Sites or to access
or use any Third Party Content, you do so at your own risk and you should be
aware that our terms and policies no longer govern. You should review the
applicable third party's terms and policies, including privacy and data
gathering practices of any website to which you navigate.
Prohibited Persons (Countries,
Entities, And Individuals).
The U.S. Department of
the Treasury, through the Office of Foreign Assets Control ("OFAC"),
prohibits U.S. companies from engaging in all or certain commercial activities
with certain sanctioned countries (each a "Sanctioned Country") and
certain individuals, organizations or entities, including without limitation,
certain "Specially Designated Nationals" ("SDN") listed by
OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you
are prohibited from registering or signing up with, subscribing to, or using
the Services. Unless otherwise provided with explicit permission, WebHostRocket.com
also does not register, and prohibits the use of any of our Services in
connection with, any Country-Code Top Level Domain Name ("ccTLD") for
any Sanctioned Country.
Account Security and WebHostRocket.com
Systems.
It is your
responsibility to ensure that scripts/programs installed under your account are
secure and permissions of directories are set properly, regardless of the
installation method. When at all possible, set permissions on most directories
to 755 or as restrictive as possible. Users are ultimately responsible for all
actions taken under their account. This includes the compromise of credentials
such as user name and password. You are required to use a secure password. If a
weak password is used, your account may be suspended until you agree to use a
more secure password. Audits may be done to prevent weak passwords from being
used. If an audit is performed, and your password is found to be weak, we will
notify you and allow time for you to change or update your password before
suspending your account.
The Services, including
all related equipment, networks and network devices are provided only for
authorized customer use. WebHostRocket.com may, but is not obligated to,
monitor our systems, including without limitation, to ensure that use is
authorized, to facilitate protection against unauthorized access, and to verify
security procedures, survivability, and operational security. During
monitoring, information may be examined, recorded, copied and used for
authorized purposes. By using the Services, you consent to monitoring for these
purposes.
Any account found
connecting to a third party network or system without current authorization
from the third party is subject to suspension. Access to networks or systems
outside of your direct control requires the express written consent of the
third party. WebHostRocket.com may, at our discretion, request documentation to
prove that your access to a third party network or system is authorized and
current. Any account that is found to be compromised may be disabled and/or
terminated. If you do not clean up your account after being notified by WebHostRocket.com
of an ongoing issue, we reserve the right to keep your account disabled. Upon
your request, WebHostRocket.com may clean-up your account for an additional
fee.
WebHostRocket.com
reserves the right to migrate your account from one data center to another in
order to comply with applicable data center policies, local law or for
technical or other reasons without notice.
HIPAA Disclaimer. We are not
"HIPAA compliant.”
You are solely
responsible for any applicable compliance with federal or state laws governing
the privacy and security of personal data, including medical or other sensitive
data. You acknowledge that the Services may not be appropriate for the storage
or control of access to sensitive data, such as information about children or
medical or health information. WebHostRocket.com does not control or monitor
the information or data you store on, or transmit through, the Services. We
specifically disclaim any representation or warranty that the Services, as
offered, comply with the federal Health Insurance Portability and
Accountability Act ("HIPAA"). Customers requiring secure storage of
"protected health information" as defined under HIPAA are expressly
prohibited from using the Services for such purposes. Storing and permitting
access to "protected health information" is a material violation of
this Agreement, and grounds for immediate account termination. We do not sign
"Business Associate Agreements" and you agree that WebHostRocket.com
is not a Business Associate or subcontractor or agent of yours pursuant to
HIPAA. If you have questions about the security of your data, you should
contact contact@WebHostRocket.com.
Compatibility with the Services
You agree to cooperate
fully with WebHostRocket.com in connection with WebHostRocket.com's provision
of the Services. It is solely your responsibility to provide any equipment or
software that may be necessary for your use of the Services. To the extent that
the performance of any of our obligations under this Agreement may depend upon
your performance of your obligations, WebHostRocket.com is not responsible for
any delays due to your failure to timely perform your obligations.
You are solely
responsible for ensuring that all User Content and User Websites are compatible
with the hardware and software used by WebHostRocket.com to provide the
Services, which may be changed by WebHostRocket.com from time to time in our
sole discretion.
You are solely
responsible for backing-up all User Content, including but not limited to, any
User Websites. WebHostRocket.com does not warrant that we back-up any User
Content, and you agree to accept the risk of loss of any and all User Content.
Billing and Payment Information
Multiple Accounts.
Users may not jump to
multiple accounts to abuse "new customer" discounts. Users in
violation of this policy will have both accounts suspended until all
outstanding invoices are satisfied. Users that abuse our discount system are
subject to termination without a refund.
Prepayment.
It is your
responsibility to ensure that your payment information is up to date, and that
all invoices are paid on time. You agree to pay for the Services in advance of
the time period during which such Services are provided. Subject to applicable
laws, rules, and regulations, payments received will be first applied to the
oldest outstanding invoice in your billing account.
Autorenewal.
Unless otherwise
provided, you agree that until and unless you notify WebHostRocket.com of your
desire to cancel the Services, you will be billed on an automatically recurring
basis to prevent any disruption to your Services, using your credit card or
other billing information on file with us.
Taxes.
Listed fees for the
Services do not include any applicable sales, use, revenue, excise or other
taxes imposed by any taxing authority. Any applicable taxes will be added to WebHostRocket.com's
invoice as a separate charge to be paid by you. All fees are non-refundable
when paid unless otherwise stated.
Late Payment.
All invoices must be
paid within seven (7) days of the invoice due date. Any invoice that is
outstanding for more than seven (7) days will be assessed and will incur an
additional 25% late fee. Additionally, any
invoice that remains outstanding for more than seven (7) days will result in
the suspension or termination of Services until both invoice and assessed fees
are paid in full. Access to the account will not be restored until payment has
been received. If you fail to pay the fees as specified herein, WebHostRocket.com
may suspend or terminate your account and pursue the collection costs incurred
by WebHostRocket.com, including without limitation, any arbitration and legal
fees, and reasonable attorneys' fees. WebHostRocket.com will not activate new
orders or activate new packages for customers who have an outstanding balance
on their account.
Domain Payments.
It is solely your
responsibility to notify WebHostRocket.com's Billing department via a support
ticket created from https://www.WebHostRocket.com/clientarea.php after
purchasing a domain. Domain renewal notices are provided as a courtesy reminder
and WebHostRocket.com is not responsible for a failure to renew a domain or a
failure to notify a customer about a domain's renewal. Domain renewals are
billed and renewed thirty (30) days before the renew date.
Fraud.
It is a violation of
this Agreement for you to misuse or fraudulently use credit cards, charge
cards, electronic funds transfers, electronic checks, or any other payment
method. WebHostRocket.com may report any such misuse or fraudulent use, as
determined in WebHostRocket.com's sole discretion, to governmental and law
enforcement authorities, credit reporting services, financial institutions
and/or credit card companies.
Invoice Disputes.
You have thirty (30) business
days to dispute any charge or payment processed by WebHostRocket.com. A
business day is calculated as Monday through Saturday, excluding Sundays. If
you have any questions concerning a charge on your account, contact our billing
department directly for assistance.
Money-back Guarantee
WebHostRocket.com offers
a thirty (30) calendar day money- back guarantee for WebHostRocket.com's
hosting services only. Subject to the terms described herein, if you are not
completely satisfied with these hosting services and you terminate your account
within thirty (30) calendar days of signing up for the Services, you will be
given a refund of the amount paid for hosting minus any setup fees. This
money-back guarantee only applies to fees paid for hosting services and does
not apply to administrative fees, install fees for custom software or other
setup fees, or to any fees for any other additional services.
Cancellations and Refunds
Payment Method.
No refunds will be
provided if you use any of the following methods of payment: bank wire
transfers, Western Union payments, checks and money orders. If you use any of
these payment methods, any applicable credit will be posted to your hosting
account instead of a refund.
Money-back Guarantee.
If an account with a
thirty (30) day money-back guarantee is purchased and then cancelled within the
first thirty (30) calendar days of the beginning of the term (the
"Money-Back Guarantee Period"), you will, upon your written request
to the WebHostRocket.com Support Team (the "Refund Request") within
thirty (30) calendar days of such termination or cancellation ("Notice
Period"), receive a full refund of all basic hosting fees previously paid
by you to WebHostRocket.com for the initial term ("Money-Back Guarantee
Refund"); provided that such Money-Back Guarantee Refund shall be due to
you only upon your compliance with, and subject in all respects to the terms
and conditions of, this section. Requests for these refunds must be made in
writing to the WebHostRocket.com Support Team. Refunds will only be issued for
basic hosting services and will not include administrative fees, install fees
for custom software or other setup fees, nor will they include any fees for any
other additional services. Money Back Guarantee Refunds will not accrue, and
shall not be paid under any circumstances, if you do not provide the applicable
Refund Request within the Notice Period.
Refund Eligibility.
Only first-time accounts
are eligible for a refund. For example, if you've had an account with us
before, canceled and signed up again, or if you have opened a second account
with us, you will not be eligible for a refund. Violations of this Agreement will
waive your rights under the refund policy.
Non-refundable Products
and Services.
There are no refunds on
domain names, dedicated servers, administrative fees, license fees, and install
fees for custom software. Please note that domain refunds will only be
considered if the domain was ordered in conjunction with a hosting package and
will be issued at WebHostRocket.com's sole discretion. Any refunds issued for
domain names will be reduced by the market value of the gTLD. Purchases of
ccTLDs are non-refundable, as are purchases of Third Party products purchased
through WebHostRocket.com. Any Third Party products purchased though, or in
connection with, WebHostRocket.com are not controlled by or the responsibility of
WebHostRocket.com and are not subject to Refund at any time. You may choose to
contact the Third Party directly in the event a refund is desired.
Cancellation Process.
You may terminate or
cancel the Services by giving WebHostRocket.com written notice via the
cancellation form provided. In such event: (i) you shall be obligated to pay
all fees and charges accrued prior to the effectiveness of such cancellation and
(ii) WebHostRocket.com may, in our sole discretion, refund all pre-paid fees
for basic hosting services for the full months remaining after the
effectiveness of such cancellation (i.e. no partial month fees shall be
refunded) less any setup fees, applicable taxes and any discount applied for
prepayment, provided that you are not in breach of this Agreement.
Once we receive your
cancellation form and have confirmed all necessary information with you via
email, we will inform you in writing (typically email) that your account has
been canceled. Your cancellation confirmation will contain a ticket/tracking
number in the subject line for your reference and for verification purposes.
You should immediately receive an automatic email with a tracking number
stating that "Your request has been received." WebHostRocket.com will
confirm your request and process your cancellation shortly thereafter. If you
do not hear back from us, or do not receive the automatic confirmation email
within a few minutes after submitting your cancellation form, please contact us
immediately. We require all cancellations to be done through the online form in
order to (a) confirm your identity, (b) confirm in writing that you are
prepared for all of your files and emails to be removed, and (c) document the request.
This process aims to reduce the likelihood of mistakes, fraudulent/malicious
requests, and to ensure that you are aware that your files, emails, and account
may be removed immediately and permanently after a cancellation request is
processed.
Cancellations for shared
accounts will be effective on the account's renewal date.
Domains.
Domain renewals are
billed and renewed approximately thirty (30) days before the renewal date. It
is your responsibility to notify WebHostRocket.com's Billing department via a
support ticket created from https://www.WebHostRocket.com/clientarea.php to
cancel any domain registration at least thirty (30) days prior to the renewal
date. No refunds will be given once a domain is renewed. All domain
registrations and renewals are final.
Foreign Currencies.
Exchange rate
fluctuations for international payments are constant and unavoidable. All
refunds are processed in U.S. dollars and will reflect the exchange rate in
effect on the date of the refund. All refunds are subject to this fluctuation
and WebHostRocket.com is not responsible for any change in exchange rates
between the time of payment and the time of refund.
Termination
WebHostRocket.com may
terminate your access to the Services, in whole or in part, without notice in
the event that: (i) you fail to pay any fees due; (ii) you violate this
Agreement; (iii) your conduct may harm WebHostRocket.com or others or cause WebHostRocket.com
or others to incur liability, as determined by WebHostRocket.com in our sole
discretion; or (iv) as otherwise specified in this Agreement. In such event, WebHostRocket.com
shall not refund to you any fees paid in advance of such termination, and you
shall be obligated to pay all fees and charges accrued prior to the
effectiveness of such termination. Additionally, WebHostRocket.com may charge
you for all fees due for the Services for the remaining portion of the then
current term.
UPON TERMINATION OF THE
SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE
DELETED.
CPU, Bandwidth and Disk Usage
Permitted CPU and Disk
Usage.
All use of hosting space
provided by WebHostRocket.com is subject to the terms of this Agreement and the
Acceptable Use Policy. Shared hosting space may only be used for web files,
active email and content of User Websites. Shared hosting space may not be used
for storage (whether of media, emails, or other data), including, as offsite
storage of electronic files, email or FTP hosts. WebHostRocket.com expressly
reserves the right to review every shared account for excessive usage of CPU,
disk space and other resources that may be caused by a violation of this Agreement
or the Acceptable Use Policy. WebHostRocket.com may, in our sole discretion,
terminate access to the Services, apply additional fees, or remove or delete
User Content for those accounts that are found to be in violation of WebHostRocket.com's
terms and conditions.
VPS Managed Services
Please note that
manually installing modules and bypassing WHM/cPanel could render your
management with us void.
Bandwidth Usage.
Shared servers are not
limited in their bandwidth allowance.
Uptime Guarantee.
If your shared server
has a physical downtime that falls short of the 99% uptime guarantee, you may see
credits on your account as permitted by us and at our discretion. This uptime
guarantee does not apply to planned maintenance. Approval of any credit is at
the sole discretion of WebHostRocket.com and may be dependent upon the
justification provided. Third party monitoring service reports may not be used
for justification due to a variety of factors including the monitor's network
capacity/transit availability. The uptime of the server is defined as the
reported uptime from the operating system and the Apache Web Server which may
differ from the uptime reported by other individual services. To request a
credit, please visit https://www.WebHostRocket.com/clientarea.php to create a
support ticket to our Billing department with justification. Uptime guarantees
only apply to shared and reseller solutions.
Price Change
WebHostRocket.com
reserves the right to change prices, the monthly payment amount, or any other
charges at any time. We will provide you with at least thirty (30) days' notice
before charging you with any price change. It is your sole responsibility to
periodically review billing information provided by WebHostRocket.com through
the user billing tool or through other methods of communication, including
notices sent or posted by WebHostRocket.com.
Coupons
Discounts and coupon
codes are reserved for first-time accounts or first-time customers only and may
not be used towards the purchase of a domain registration unless otherwise
specified. If you have previously signed up using a particular domain, you may
not sign up again for that domain using another coupon at a later date. Any
account found in violation of these policies will be reviewed by our Sales
department and the appropriate charges will be added to the account. Coupon
abuse will not be tolerated and may result in the suspension or termination of
your account. All coupons and discounts are only valid towards the initial
purchase and do not affect the renewal or recurring price.
Limitation of Liability
IN NO EVENT WILL WEBHOSTROCKET.COM,
THE MILLER FIRMS LLC, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR
ANY THIRD PARTY OR PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST
DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES
OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF WEBHOSTROCKET.COM
IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, WEBHOSTROCKET.COM'S LIABILITY TO YOU, OR ANY
PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE
FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WEBHOSTROCKET.COM
FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING
RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE
CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Indemnification
You agree to indemnify,
defend and hold harmless WebHostRocket.com, The Miller Firms LLC, our
affiliates, and their respective officers, directors, employees and agents
(each an "Indemnified Party" and, collectively, the "Indemnified
Parties") from and against any and all claims, damages, losses,
liabilities, suits, actions, demands, proceedings (whether legal or
administrative), and expenses (including, but not limited to, reasonable
attorney's fees) threatened, asserted, or filed by a third party against any of
the Indemnified Parties arising out of or relating to (i) your use of the
Services, (ii) any breach or violation by you of this Agreement; or (iii) any
acts or omissions by you. The terms of this section shall survive any
termination of this Agreement.
Arbitration
By using the Services,
you hereby submit to the exclusive jurisdiction of the American Arbitration
Association ("AAA") in connection with any dispute relating to,
concerning or arising out of this Agreement. The arbitration will be conducted
before a single arbitrator chosen by WebHostRocket.com and will be held at the
AAA location chosen by WebHostRocket.com in Florida. Payment of all filing,
administrative and arbitrator fees will be governed by the AAA's rules, unless
otherwise stated in this paragraph. In the event you are able to demonstrate
that the costs of arbitration will be prohibitive as compared to the costs of
litigation, WebHostRocket.com will pay as much of your filing, administrative,
and arbitrator fees in connection with the arbitration as the arbitrator deems
necessary to prevent the arbitration from being cost-prohibitive. The
arbitration before the AAA shall proceed solely on an individual basis without
the right for any claims to be arbitrated on a class action basis or on bases
involving claims brought in a purported representative capacity on behalf of
others. The Federal Arbitration Act, and not any state arbitration law, governs
all arbitration under this paragraph. All decisions rendered by the arbitrator
will be binding and final. The arbitrator's award is final and binding on all
parties. The arbitrator's authority to resolve and make written awards is
limited to claims between you and WebHostRocket.com alone. Claims may not be
joined or consolidated unless agreed to in writing by all parties. No
arbitration award or decision will have any preclusive effect as to issues or
claims in any dispute with anyone who is not a named party to the arbitration.
If you initiate litigation or any other proceeding against WebHostRocket.com in
violation of this paragraph, you agree to pay WebHostRocket.com's reasonable
costs and attorneys' fees incurred in connection with our enforcement of this
paragraph.
Independent Contractor
WebHostRocket.com and
User are independent contractors and nothing contained in this Agreement places
WebHostRocket.com and User in the relationship of principal and agent, partners
or joint venturers. Neither party has, expressly or by implication, or may
represent itself as having, any authority to make contracts or enter into any
agreements in the name of the other party, or to obligate or bind the other
party in any manner whatsoever.
Governing Law; Jurisdiction
Any dispute, relating in
any way, to your access or use of our Services or this Agreement shall be
submitted to confidential arbitration in Brevard County, Florida. Arbitration
under this Agreement shall be conducted pursuant to the applicable Consumer
Rules (“Rules”) then prevailing at the American Arbitration Association.
Arbitration shall be conducted in English by one (1) arbitrator as selected
pursuant to the Rules; the arbitrator's award shall be final and binding and
may be entered as a judgment in any court of competent jurisdiction. Each party
shall be responsible for their own arbitration fees and costs. To the fullest
extent permitted by applicable law, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject to this
Agreement, whether through class action proceedings or otherwise. Where
permitted by the Rules, both parties may make any and all appearances
telephonically or electronically. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of, related to or
connected with the use of the Services or this Agreement must be filed within
one (1) year after such claim or cause of action arose or be forever banned.
Notwithstanding the foregoing, either party may seek equitable relief to
protect its interests (including but not limited to injunctive relief) , in a
court of appropriate jurisdiction, and issues of intellectual property
ownership or infringement may be decided only by a court of appropriate
jurisdiction and not by arbitration. In the event that the law does not permit
the abovementioned dispute to be resolved through arbitration or if this
arbitration agreement is unenforceable, you agree that any actions and disputes
shall be brought solely in a court of competent jurisdiction located within Brevard
County, Florida.
Opt-Out
You may opt-out of this
dispute resolution provision by notifying WebHostRocket.com within 30 days of
the date on which you entered into this Agreement or purchased a subscription,
whichever is earlier. You must do so by writing to The Miller Firms, LLC. 2830
Hancock Drive, Titusville, FL 32780 United States of America, attn: Arbitration
Opt-Out, and you must include your name, address, account information, and a
clear statement that you do not wish to resolve disputes with WebHostRocket.com
through arbitration. Where you opt out of arbitration, all disputes shall be
heard in a court of competent jurisdiction located within Brevard County, Florida.
Class Action Waiver
You and WebHostRocket.com
agree that any proceedings to resolve or litigate any dispute whether through a
court of law or arbitration shall be solely conducted on an individual basis
and waive all trials by jury. You agree that you will not seek to have any
dispute heard as a class action, representative action, collective action, or
private attorney general action.
Disclaimer
WebHostRocket.com shall
not be responsible for any damages your business may suffer. WebHostRocket.com
makes no warranties of any kind, expressed or implied for the Services. WebHostRocket.com
disclaims any warranty of merchantability or fitness for a particular purpose,
including loss of data resulting from delays, delivery failures, wrong
deliveries, and any and all service interruptions caused by WebHostRocket.com
or our employees.
Backups and Data Loss
Your use of the Services
is at your sole risk. WebHostRocket.com's backup service runs once a night and
overwrites any of our previous backups. Only one night of backups are kept at a
time. This service is provided only to shared and reseller accounts as a
courtesy and may be modified or terminated at any time at WebHostRocket.com's
sole discretion. VPS no backups, Accounts larger than 20GB or 100,000 inodes
WILL NOT be included in nightly backups. WebHostRocket.com is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for all files and data transferred and to maintain all
appropriate backup of files and data stored on WebHostRocket.com's servers.
Limited Warranty
THE SERVICES PROVIDED
UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS
AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, WEBHOSTROCKET.COM,
THE MILLER FIRMS LLC, AND OUR
AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF
ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES
PROVIDED HEREUNDER. WEBHOSTROCKET.COM, THE MILLER FIRMS LLC, AND OUR
AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS
OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR
COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION
PROVIDED THROUGH THE SERVICES. WEBHOSTROCKET.COM, THE MILLER FIRMS LLC, AND OUR
AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND
EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED
EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE
TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Disclosure to Law Enforcement
WebHostRocket.com may
disclose any and all User information that is collected to law enforcement
agencies for the purposes of an investigation, request, or otherwise without
further consent or notification to the User upon lawful request from such agencies.
We cooperate fully with law enforcement agencies Additionally, your information
may be disclosed pursuant to our Privacy Policy.
Entire Agreement.
This Agreement,
including documents incorporated herein by reference, supersedes all prior
discussions, negotiations and agreements between the parties with respect to
the subject matter hereof, and this Agreement constitutes the sole and entire
agreement between the parties with respect to the matters covered hereby.
Headings.
The headings herein are
for convenience only and are not part of this Agreement.
Changes to the Agreement or the
Services
WebHostRocket.com may
modify, add, or delete portions of this Agreement at any time. If we have made
significant changes to this Agreement, we will post a notice on the WebHostRocket.com
website for at least thirty (30) days after the changes are posted and will
indicate at the bottom of this Agreement the date of the last revision. Any
revisions to this Agreement will become effective when posted unless otherwise
provided. You agree to any modification to this Agreement by continuing to use
the Services after the effective date of any such modification.
WebHostRocket.com
reserves the right to modify, change, or discontinue any aspect of the Services
at any time.
Severability
If any provision or
portion of any provision of this Agreement is found to be illegal, invalid or
unenforceable by a court of competent jurisdiction, the remaining provisions or
portions (unless otherwise specified) thereof shall remain in full force and
effect.
Waiver
No failure or delay by
you or WebHostRocket.com to exercise any right or remedy hereunder shall
operate as a waiver thereof, nor shall any single or partial exercise of any
right or remedy preclude any other or further exercise of any right or remedy.
No express waiver of, or assent to, any breach of or default in any term or
condition of this Agreement by any party hereto shall constitute a waiver of,
or an assent to, any succeeding breach of or default in the same or any other
term or condition hereof.
Assignment; Successors
You may not assign or
transfer this Agreement or any of your rights or obligations hereunder, without
the prior written consent of WebHostRocket.com. Any attempted assignment in
violation of this Agreement shall be null and void and of no force or effect whatsoever.
WebHostRocket.com may assign our rights and obligations under this Agreement,
and may engage subcontractors or agents in performing our duties and exercising
our rights hereunder, without the consent of User. This Agreement shall be
binding upon and shall inure to the benefit of the parties hereto and their
respective successors and permitted assigns.
Force Majeure
Neither party is liable
for any default or delay in the performance of any of its obligations under
this Agreement (other than failure to make payments when due) if such default
or delay is caused, directly or indirectly, by forces beyond such party's
reasonable control, including, without limitation, fire, flood, acts of God,
labor disputes, accidents, acts of war or terrorism, interruptions of
transportation or communications, supply shortages or the failure of any third
party to perform any commitment relative to the production or delivery of any
equipment or material required for such party to perform its obligations
hereunder.
California Users
Pursuant to California
Civil Code Section 1789.3, any questions about pricing, complaints, or
inquiries about WebHostRocket.com must be sent to our agent for notice
to: contact@WebHostRocket.com or by mail to The Miller Firms, LLC. 2830
Hancock Drive, Titusville, FL 32780 United States of America
California Users are
also entitled to the following specific consumer rights notice: The Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs may be contacted in writing at 1625 North Market
Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800)
952-5210.
Electronic Notices
The communications
between you and WebHostRocket.com use electronic means, whether you visit the
Platform or send WebHostRocket.com e-mails, or whether WebHostRocket.com posts
notices on the Platform or communications with you via mobile notifications or
e-mail. For contractual purposes, you (1) consent to receive communications
from WebHostRocket.com in an electronic form; and (2) agree that all terms,
conditions, agreements, notices, disclosures, and other communications that WebHostRocket.com
provides to you electronically satisfy any legal requirement that such
communications would satisfy if it were to be in writing. The foregoing does
not affect your statutory rights.
Third-Party Beneficiaries