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
- Customer agrees to a thirty (365) day contract minimum beginning upon
commencement of service.
- Customer agrees that all charges
and fees associated with an account are their sole responsibility.
- There is a per-plan one time setup fee of $49.95 for all hosting packages.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- The following examples are
offered:
- Web Publishing: requires a
knowledge of HTML, properly locating and linking documents, FTPing Webspace contents,
Graphics, text, Sound, imagemapping, etc.
- CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP
commands, Perl, CShell scripts, permissions,
etc.
- 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.
- 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.
- Whole Life Works Catalysts Inc. - Web Hosting reserves the right to police its
network to verify compliance with all agreed upon Terms.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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).
- 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:
- the kernel will be patched within 7
days of any announced security hole relating to the kernel
- any security patches for all
installed software must be applied within 7 days of their general
announcement to the security community at large.
- 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
- 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
- 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
- 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.
- 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.
- 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
- 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
- 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;
- any material supplied by Customer
infringing or allegedly infringing on the proprietary rights of a third
party;
- copyright infringement;
- 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:
- Acceptable Use Policy
- Anti-Spam Policy
- 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.