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Web hosting refers to space online where you can upload your website, manage your emails, create your database and a lot more. Web hosting works with a domain name to publish your project online.
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This Enterprise Cloud Server Hosting Agreement (the “Agreement”) is made between WhoGoHost Limited (“WhoGoHost” or “Company”), a limited liability company, and the Client who orders an Enterprise Cloud Server (“Client” or “Customer” or “You” or “Your”). Each of WhoGoHost and Client will be referred to as a “Party” and collectively as “Parties” under this Agreement.
You acknowledge that your electronic approval constitutes your acceptance of the Agreement for each electronic purchase or transaction you enter. WhoGoHost may accept or reject any Order you submit at its sole discretion. WhoGoHost’s provisioning of the Services described in an Order shall be WhoGoHost’s acceptance of the Order. If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement. You acknowledge and agree you will use this Service for the purpose of reselling web hosting.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS, OR POLICIES WHICH COMPANY MAY ESTABLISH FROM TIME TO TIME. YOU MAY VIEW THE LATEST VERSION OF THIS AGREEMENT ONLINE.
This Agreement applies to all users of the Enterprise Cloud Service. If you are using the Cloud Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms of Service and you agree to be bound by these Terms of Service on behalf of such organization. In addition, when You use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization). You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Company, whether or not the transactions were in Your behalf, You signify your agreement to the terms and conditions contained in this Agreement.
Whenever used in this Agreement, the following capitalized terms shall have the respective meaning specified below:
The use of WhoGoHost Services is also determined by the following policies, which are included by reference. By using Our Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services and are combined 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.
WhoGoHost shall provide to you the Services and Support subject to the terms and conditions of the Agreement but this is dependent on your complete payment for the order before it is provisioned and then WhoGoHost will comply with all laws applicable to its provision of the Services.
All Content added, created, uploaded, submitted, distributed, or posted to the Cloud Services by Client or its Users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you using the Cloud Service is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting from there. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
The Services may contain Content specifically provided by us, our partners, or our users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable, and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution, or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party's right.
Client may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law and all other applicable international trademarks, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. WhoGoHost will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Client of WhoGoHost is violating its intellectual property rights, it should notify us by email at firstname.lastname@example.org. A notification should include information reasonably sufficient to permit WhoGoHost to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring.
Each Party recognizes WhoGoHost’s, Third Party Suppliers’ and Client’s ownership and title to their respective trademarks, service marks, and trade names whether or not registered (collectively, “Marks”). Client may be provided a limited right to use Marks of Third Party Suppliers (“Supplier Marks”) in connection with the promotion and distribution of the Cloud Service. Except for these limited rights, Client may not use Supplier Marks in advertising, promotion, and publicity without the express written consent of WhoGoHost or the Third Party Suppliers, respectively.
The term of this Agreement shall be for the agreed period (monthly, quarterly, semi-annually, annually, etc), to commence on the date that the Client signs up electronically for the Cloud Service by creating and placing an Order. All invoices are denominated, and Client must pay, in the chosen currency option. Clients are entirely responsible for the payment of all taxes. Renewal fees will be billed at the then-current renewal rate of the Cloud Service and Client must ensure that fees are paid before service expiry to avoid disruption. You may cancel the Services at any time by opening a ticket in your client account or by sending an email to email@example.com from the registered email of your client account. At cancellation, your Account will be inactivated and you will no longer be able to log into our site and/or have any access to the Services. If you cancel, you agree that fees for the initial agreed period of Cloud Service and any setup costs associated with setting up your Account ("Setup Costs") shall be non-refundable.
If you purchase any services that we offer for a Fee, you consent to WhoGoHost, or our third-party service providers, storing your payment card information and you authorize us to charge you:
In the event of a chargeback by a payment card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Services, we may suspend access to the Services or terminate this Agreement. In the event we suspend access to the Services, we may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and any reinstatement fee communicated to you. According to our refund policy, If you have an issue with your payment card or other payment methods, you should contact us regarding the issue before you contact your payment card or other payment process company to request a chargeback or reversal of the charges.
Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD OR BILLING CYCLE. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD OR BILLING CYCLE
YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSORS IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
WHOGOHOST MAKES NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING THE PRODUCTS/ SERVICES, THE PRODUCTS OR THEIR USE, ACCURACY, FUNCTION, OR OWNERSHIP AND SHALL NOT BE LIABLE IN ANY MANNER FOR ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED OR COLLATERAL OR WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PRODUCT WILL BE ERROR-FREE. CLIENT ACKNOWLEDGES THAT PORTIONS OF THE PRODUCTS/ SERVICES ARE PROVIDED BY THIRD-PARTY SUPPLIERS WHOSE PERFORMANCE IS NOT WARRANTED OR GUARANTEED BY WHOGOHOST. CLIENT SHALL NOT BE AUTHORIZED TO MAKE ANY WARRANTY, REPRESENTATIONS OR WARRANTIES OR CONDITION, WHETHER WRITTEN OR ORAL, ON BEHALF OF WHOGOHOST. CLIENT SHALL BE SOLELY RESPONSIBLE FOR ANY WARRANTIES FOR THE SERVICES GIVEN BY CLIENT
IN NO EVENT SHALL WHOGOHOST BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR OTHERWISE. IN NO EVENT SHALL WHOGOHOST'S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID, UNDER THIS AGREEMENT BY CLIENT IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY SHALL NOT APPLY TO THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS SET OUT SECTION 7 OR WHOGOHOST'S OBLIGATIONS TO INDEMNIFY PURSUANT TO SECTION 13(A).
Company explicitly reserves the right and sole discretion to:
Client agrees that if a dispute arises as a result of one or more websites Company is hosting for you, you will indemnify, defend and hold Company harmless for damages arising out of such dispute. Client also agrees that if Company is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a website hosted by Company, that Company, in its sole discretion, may take whatever action Company deems necessary regarding further modification, assignment of and/or control of the website to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.