Terms of Service

 

WHEREAS, Whole Life Works Catalysts Inc. -  Web Hosting is an information provider connected to the Internet Whole Life Works Catalysts Inc. -  Web Hosting offers storage and transfer services over the Internet through access to its Web Server;

WHEREAS, Customer seeks to utilize Whole Life Works Catalysts Inc. -  Web HostingÕs server for its own purposes;

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Whole Life Works Catalysts Inc. -  Web Hosting can make no guarantee that any given reader shall be able to access Whole Life Works Catalysts Inc. -  Web HostingÕs server at any given time.

Whole Life Works Catalysts Inc. -  Web Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;

 

FINANCIAL ARRANGEMENTS

  1. Customer agrees to a thirty (365) day contract minimum beginning upon commencement of service. 
  2. Customer agrees that all charges and fees associated with an account are their sole responsibility.
  3. There is a per-plan one time setup fee of $49.95 for all hosting packages.
  4. If the customer wishes to cancel Whole Life Works Catalysts Inc. -  shared Web Hosting services within ninety-seven (97) days of the initial signup they shall be able to do so for any reason (aside from disablement for Terms of Service or Spam Policy violations) and have their money promptly refunded.
  5. Services provided by 3rd parties and Whole Life Works Catalysts Inc. partners are not part of the 97-day refund policy and no early ending credit applies. Billing will stop at end of term during which the service is canceled.
  6. At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web support panel. After the first 97 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
  7. Ò97-Day Money-Back GuaranteeÓ offer only applicable to credit card or Google Wallet payments for shared web hosting. Other forms of payment are non-refundable. Dedicated server payments are non-refundable. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable. See domain registration agreement for more information.
  8. Violations of Whole Life Works Catalysts Inc.Õs Terms of Service, Acceptable Use Policy, or Spam Policy may, at Whole Life Works Catalysts Inc.Õs discretion, result in immediate and permanent disablement without refund.
  9. Disputed charges (ÒchargebacksÓ) associated with any Whole Life Works Catalysts Inc. account may, at Whole Life Works Catalysts Inc.Õs discretion, result in immediate and permanent disablement.

 

MATERIAL PRODUCTS

  1. Customer will provide Whole Life Works Catalysts Inc. -  Web Hosting with material and data in a condition that is Òserver-readyÓ, which is in a form requiring no additional manipulation on the part of Whole Life Works Catalysts Inc. -  Web Hosting. Whole Life Works Catalysts Inc. -  Web Hosting shall make no effort to validate this information for content, correctness or usability.
  2. Use of Whole Life Works Catalysts Inc. -  Web HostingÕs service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of CustomerÕs Webspace by the Customer.
  3. The following examples are offered:
    1. Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
    2. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
  4. The Customer agrees that he or she has the necessary knowledge to create CustomerÕs Webspace. Customer agrees that it is not the responsibility of Whole Life Works Catalysts Inc. -  Web Hosting to provide this knowledge or Customer Support outside of the defined service of Whole Life Works Catalysts Inc. -  Web Hosting.
  5. Whole Life Works Catalysts Inc. -  Web Hosting will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
  6. Whole Life Works Catalysts Inc. -  Web Hosting reserves the right to police its network to verify compliance with all agreed upon Terms.
  7. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
  8. Whole Life Works Catalysts Inc. -  Web Hosting reserves the right to disconnect any website or server deemed to present a security threat to Whole Life Works Catalysts Inc.Õs customers, servers, or network.
  9. The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Whole Life Works Catalysts Inc. -  is grounds for termination of all services.
  10. Whole Life Works Catalysts Inc. -  Web Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Whole Life Works Catalysts Inc. -  Web Hosting also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Whole Life Works Catalysts Inc. -  Web Hosting is at the CustomerÕs own risk, and Whole Life Works Catalysts Inc. -  Web Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services.
  11. Whole Life Works Catalysts Inc. -  Web Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not ÒServer-readyÓ, Whole Life Works Catalysts Inc. -  Web Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on Whole Life Works Catalysts Inc. -  Web HostingÕs Server. Whole Life Works Catalysts Inc. -  Web Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Whole Life Works Catalysts Inc. -  Web Hosting. If the Customer fails to modify the material, as directed by Whole Life Works Catalysts Inc. -  Web Hosting, the material will be deleted from the server.
  12. All domain names registered through Whole Life Works Catalysts Inc. or its previous domain registration site that are ÔparkedÕ or are otherwise not immediately associated with a Whole Life Works Catalysts Inc. hosting plan will be automatically pointed to a ÒComing SoonÓ web page which informs visitors that the registrant has recently registered their domain name via Whole Life Works Catalysts Inc. The Coming Soon web page may be modified at any time by Whole Life Works Catalysts Inc. without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Whole Life Works Catalysts Inc.

 

TRADEMARKS & COPYRIGHTS

  1. Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customerÕs account.

 

HARDWARE, EQUIPMENT, & SOFTWARE

  1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Whole Life Works Catalysts Inc. -  Web Hosting.
  2. Whole Life Works Catalysts Inc. -  Web Hosting makes no representations, warranties or assurances that the CustomerÕs equipment will be compatible with the Whole Life Works Catalysts Inc. -  Web Hosting service.

 

Whole Life Works Catalysts Inc. -  DEDICATED SERVER STIPULATIONS

  1. Bandwidth pricing and measurement frequency is subject to change at Whole Life Works Catalysts Inc.Õs discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Whole Life Works Catalysts Inc. -  Web Hosting.
  2. Whole Life Works Catalysts Inc. is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer, Whole Life Works Catalysts Inc. -  Web Hosting, or Whole Life Works Catalysts Inc.Õs upstream providers.
  3. Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if customer chooses to discontinue service with Whole Life Works Catalysts Inc. -  mid-way through the term.
  4. Hardware upgrades to an existing ÔplatformÕ (platform defined as a motherboard/chassis combination) will be performed by Whole Life Works Catalysts Inc. -  and shall incur an additional one-time labor fee of $100 as well as an increase to CustomerÕs standard monthly rate.
  5. Any hands-on labor necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by Whole Life Works Catalysts Inc. and shall incur an additional one-time labor fee of $100 for each incident.
  6. Whole Life Works Catalysts Inc. reserves the right to alter the dedicated server packages advertised on its website at its discretion. Whole Life Works Catalysts Inc. is not required to upgrade CustomersÕ hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of $200 associated for any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.
  7. For managed servers, Whole Life Works Catalysts Inc. is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). Whole Life Works Catalysts Inc. may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).
  8. For unmanaged servers not using a monitoring option, Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:
    1. the kernel will be patched within 7 days of any announced security hole relating to the kernel
    2. any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
  9. Whole Life Works Catalysts Inc. is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. Whole Life Works Catalysts Inc. reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of Whole Life Works Catalysts Inc.Õs network.

 

AGE

  1. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the ÒcustomerÓ in terms of this contract.

 

TERMINATION

  1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Whole Life Works Catalysts Inc. -  Web Hosting will accept termination by electronic mail. Notwithstanding the above, Whole Life Works Catalysts Inc. -  Web Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Whole Life Works Catalysts Inc. -  Web Hosting reserves the right to charge a reinstatement fee.

 

LIMITED LIABILITY

  1. Customer expressly agrees that use of Whole Life Works Catalysts Inc. -  Web HostingÕs Server is at CustomerÕs sole risk. Neither Whole Life Works Catalysts Inc. -  Web Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Whole Life Works Catalysts Inc. -  Web HostingÕs Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Whole Life Works Catalysts Inc. -  Web Hosting Server service, unless otherwise expressly stated in this contract.
  2. Under no circumstances, including negligence, shall Whole Life Works Catalysts Inc. -  Web Hosting, its offices, agents or any one else involved in creating, producing or distributing Whole Life Works Catalysts Inc. -  Web HostingÕs Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Whole Life Works Catalysts Inc. -  Web Hosting Server 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 Whole Life Works Catalysts Inc. -  Web HostingÕs records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Whole Life Works Catalysts Inc. -  Web HostingÕs Server service.
  3. Notwithstanding the above, CustomerÕs exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

 

 

INDEMNIFICATION

  1. Customer agrees that it shall defend, indemnify, save and hold Whole Life Works Catalysts Inc. -  Web Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneysÕ fees, (ÒLiabilitiesÓ) asserted against Whole Life Works Catalysts Inc. -  Web Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Whole Life Works Catalysts Inc. -  Web Hosting against Liabilities arising out of
    1. any injury to person or property caused by any products sold or otherwise distributed in connection with Whole Life Works Catalysts Inc. -  Web HostingÕs Server;
    2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
    3. copyright infringement;
    4. any defective product which Customer sold on Whole Life Works Catalysts Inc. -  Web Hosting Server.

 

Sanctioned Countries

Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (ÒEARÓ) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury DepartmentÕs Office of Foreign Assets Control, and the International Traffic in Arms Regulations (ÒITARÓ) maintained by the Department of State. Specifically, Customer covenants that it shall not — directly or indirectly — sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Whole Life Works Catalysts Inc. under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, Whole Life Works Catalysts Inc. from and against any fines or penalties that may arise as a result of CustomerÕs breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

 

OTHER AGREEMENTS

Customer agrees to abide by the terms set forth in this document as well as other Whole Life Works Catalysts Inc. -  policy documents that we are obligated to via our contract with our hosting partners including, but not limited to:

  1. Acceptable Use Policy
  2. Anti-Spam Policy
  3. Unlimited Policy

 

Customer also agrees to abide by all applicable Terms set forth by all Whole Life Works Catalysts Inc. -  partners and subsidiaries.

 

CONTRACT REVISIONS

Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.

 

TRANSFER

Customer may not transfer this contract without the written consent of Whole Life Works Catalysts Inc. -  Web Hosting.

 

CONTRACT

These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.