Terms of Service

A. Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
i. Privacy Notice
ii. Acceptable Use Policy
iii. Copyright Infringement Policy
B. 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.

A. By registering for or using the Services, you represent and warrant that:
i. 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.
ii. If you use the Services on behalf of 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.
B. It is your responsibility to provide accurate, 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. TheWebsiter is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain.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, you may utilize the TheWebsiter Billing and Support Portal to update your contact information. 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.
C. 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.
D. 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.
E. The Service and any data you provide to TheWebsiter is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.S. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. 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. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall TheWebsiter be held liable for any lost or missing data or files resulting from a transfer to or from TheWebsiter. You are solely responsible for backing up your data in all circumstances.

A. Except for User Content (as defined below), all content made available through the Services, including images made available through website builder tools provided by TheWebsiter (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, “TheWebsiter Content”), are the property of TheWebsiter or its licensors. No TheWebsiter 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 TheWebsiter Content.
B. To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party’s trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.
C. Any use of TheWebsiter Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any TheWebsiter Content. All rights to use TheWebsiter Content that are not expressly granted in this Agreement are reserved by TheWebsiter and TheWebsiter’s licensors.

A. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, 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 TheWebsiter 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.

Solely for purposes of providing the Services, you hereby grant to TheWebsiter 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, TheWebsiter does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
B. TheWebsiter exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through TheWebsiter’s computers, network hubs and points of presence or the Internet. TheWebsiter does not monitor User Content. However, you acknowledge and agree that TheWebsiter may, but is not obligated to, immediately take any corrective action in TheWebsiter’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 TheWebsiter shall have no liability due to any corrective action that TheWebsiter may take.

A. You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is location regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Notice) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal
data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.

A. Third Party Providers
TheWebsiter 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.

TheWebsiter 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. TheWebsiter is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
B. TheWebsiter as Reseller or Licensor
TheWebsiter may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-TheWebsiter Products”). TheWebsiter shall not be responsible for any changes in the Services that cause any Non-TheWebsiter Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-TheWebsiter Products, either sold, licensed or provided by TheWebsiter to you will not be deemed a breach of TheWebsiter’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-TheWebsiter Product are limited to those rights extended to you by the manufacturer of such Non-TheWebsiter Product. You are entitled to use any Non-TheWebsiter Product supplied by TheWebsiter 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-TheWebsiter Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-TheWebsiter Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
C. Third Party Websites
The Services may contain links to other websites that are not owned or controlled by TheWebsiter (“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.

The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, North Korea, or the Crimea, the Donetsk People’s Republic, or the Luhansk People’s Republic regions of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, TheWebsiter 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 country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

A. 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.
B. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. TheWebsiter 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.
C. Any account found connecting to a third party network or system without 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. TheWebsiter may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
D. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by TheWebsiter of an issue, we reserve the right to leave access to services disabled.
E. TheWebsiter 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.

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. TheWebsiter 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 TheWebsiter 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 https://helpchat.TheWebsiter.com.

A. You agree to cooperate fully with TheWebsiter in connection with TheWebsiter’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, TheWebsiter is not responsible for any delays due to your failure to timely perform your obligations.
B. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by TheWebsiter to provide the Services, which may be changed by TheWebsiter from time to time in our sole discretion.
C. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. TheWebsiter 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.

A. 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.
B. Autorenewal.
Unless otherwise provided, you agree that until and unless you notify TheWebsiter 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.
C. 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 TheWebsiter’s invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
D. Late Payment.
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, TheWebsiter may suspend or terminate your account and pursue the collection costs incurred by TheWebsiter, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. TheWebsiter will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact TheWebsiter directly after you make a late payment to reactivate the dedicated server.
E. Domain Payments.
It is solely your responsibility to notify TheWebsiter’s Billing department by calling 1-866-964-2867 or by using LiveChat after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and TheWebsiter 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.
F. 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. TheWebsiter may report any such misuse or fraudulent use, as determined in TheWebsiter’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
G. Invoice Disputes.
You have ninety (90) days to dispute any charge or payment processed by TheWebsiter. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
H. Payment Card Industry Security Standard Disclaimer.
TheWebsiter complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of our customer’s data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. TheWebsiter does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard.

A. Money-back Guarantee.
If you purchase an account with a thirty (30) day money-back guarantee, you may receive a full refund of basic shared, VPS and reseller hosting fees paid (the “Money-back Guarantee Refund”) if you cancel within the first thirty (30) days of the Initial Term (the “Money-back Guarantee Period”). To request a Money-back Guarantee Refund, please contact our billing department by calling (866) 964-2867 or by using our online LiveChat. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this Section 13. The Money-back Guarantee does not apply to Services with a monthly term, domain registration fees, dedicated servers (see below), administrative fees, install fees for custom software or other setup fees, or any fees for additional Services.
B. The Money-back Guarantee Refund is valid for PayPal and credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods. Any refunds are made at the sole discretion of TheWebsiter.
C. Dedicated Servers. There are no refunds on dedicated servers. As stated above, the Money-back Guarantee does not apply to dedicated servers.

A. Shared Hosting
i. Acceptable Use Policy. Disk space is intended for use in accordance with TheWebsiter’s Acceptable Use Policy and limited to web files, active email and User Website content only. Shared hosting space may not be used for storage, including without limitation, of media, emails, as offsite storage of electronic files, or FTP hosts. TheWebsiter 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. TheWebsiter may, in its 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 TheWebsiter’s terms and conditions.
ii. Excessive Server Resources. Use of TheWebsiter’s resources must be consistent with a shared hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (in excess of 5000 database tables) or an excessive database size (in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event that you exceed these amounts, TheWebsiter may request that you reduce the number of files/inodes, database tables, or total databases to ensure optimal server performance. TheWebsiter reserves the right to terminate your account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
iii. Bandwidth Usage. With the exception of resellers, shared servers are not limited in their bandwidth allowance. Resellers are subject to the terms of the plan they purchased and usage information can be viewed in the control panel.
B. Virtual Private Servers (VPS) and Dedicated Servers Usage.
i. Dedicated and VPS usage is limited by the resources allocated to the specific plan you purchased.

If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of TheWebsiter 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 contact our Billing department by calling 1-866-964-2867 or by using LiveChat with justification within thirty (30) days of the end of the month for which you are requesting a credit. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

A. Resellers shall ensure that each of their clients complies with this Agreement.
B. Resellers are responsible for supporting their clients. TheWebsiter does not provide support to clients of TheWebsiter’s resellers. If a reseller’s client contacts TheWebsiter, TheWebsiter reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.
C. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. TheWebsiter will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.
D. TheWebsiter is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify TheWebsiter from and against any and all claims made by any User arising from the reseller’s acts or omissions.
E. TheWebsiter reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by TheWebsiter.
F. Resellers in the TheWebsiter Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.

TheWebsiter reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. TheWebsiter reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than ten (10) days may be subject to deletion which will result in the loss of all data on the server. TheWebsiter will not be liable for any loss of data resulting from such deletion.

If you elect to use TheWebsiter’s Appointment Booking Service (“Booking”) to schedule appointments through the User Website, you acknowledge that you are responsible for managing and fulfilling your appointments and service offerings. BOOKING IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND THEWEBSITER MAKES NO WARRANTIES THAT THE SERVICE WILL PERFORM IN AN ERROR-FREE AND UNINTERRUPTED MANNER. THEWEBSITER HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR LOSS OF PROFITS OR BUSINESS RESULTING FROM YOUR USE OF BOOKING.

If you elect to use the email marketing feature (“Email Marketing”), your use of Email Marketing shall be governed by the Constant Contact Website and Products Terms and Conditions of Use (the “Email Marketing Terms”). To the extent there is any conflict between the Email Marketing Terms and this Agreement, the Email Marketing Terms shall control solely with respect to your use of Email Marketing.

If you elect to use TheWebsiter e-commerce store Services (“Store”) for selling any of your products and/or services (“Store Content”), you are solely responsible for any and all Store Content and any transactions or other activities conducted on or through the Store. Your Store activities are your responsibility and TheWebsiter disclaims any and all liability related to any Store Content. You represent and warrant to TheWebsiter that (i) you have all necessary rights to post or distribute such Store Content, and (ii) your Store Content does not infringe or violate the rights of any third party.
A. You acknowledge and agree that TheWebsiter may, but is not obligated to, monitor your Store and may take any corrective action in TheWebsiter’s sole discretion, including without limitation removal of all or a portion of the Store Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that TheWebsiter shall have no liability due to any corrective action that TheWebsiter may take, including without limitation suspension or termination of your Store.
B. You acknowledge and agree that you are solely responsible for your compliance with the following:
■ all applicable laws and regulations related to the Store and any Store Content including any related consumer, data privacy, and e-commerce laws;
■ taxes and fees associated with the Store, including taxes related to purchase or sale of products and services in connection with the Store;
■ customer service for the Store, including any inquiries, concerns, warranties you may offer, or claims and complaints relating to the Store;
■ fulfillment and the delivery of Store Content to your customers; and
visibility for all terms and policies that may apply, including but not limited to privacy policies, cookie policies, return policies, and any offered warranties.
■ Your Store Content is subject to TheWebsiter’s Acceptable Use Policy. In the event you violate this policy, TheWebsiter reserves the right to, at any time and in our sole discretion, without notice, suspend and disable access, or remove your Store and/or Store Content without any liability to you or your customers, including without limitation, any loss of profits, revenue, data, goodwill, or other losses except where prohibited by law.

A. If you elect to use TheWebsiter’s LogoMaker Service (“LogoMaker”) to create a logo or design for your use, you acknowledge that LogoMaker uses certain elements, including colors, fonts, icons, and other designs. These elements are also made available to other Users and, as such, any logo created by LogoMaker may be similar or identical to logos created by other Users who use LogoMaker. LOGOS CREATED BY LOGOMAKER ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND WEBSITE BUILDER MAKES NO WARRANTIES THAT THE LOGOS DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. It is your responsibility to determine (a) whether any logo created by LogoMaker is subject to any third party rights and (b) whether you may use and/or register your logo as a trademark.
B. You may not assign or resell your LogoMaker logo to any third party, and you may not challenge the use or registration of any other logo created by LogoMaker on behalf of another User.

If you install or use WordPress plugins operated by Automattic on your hosting account (including, for example, Jetpack), you also acknowledge and agree to (1) the WordPress.com Terms of Service located at (https://en.wordpress.com/tos/) which apply to your use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automattic’s collection of data as described therein.

TheWebsiter reserves the right to change prices 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 on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by TheWebsiter through the user billing tool or through other methods of communication, including notices sent or posted by TheWebsiter.

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.

IN NO EVENT WILL THEWEBSITER ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD 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 THEWEBSITER IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THEWEBSITER’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 THEWEBSITER 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.

You agree to indemnify, defend and hold harmless TheWebsiter, 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.

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 TheWebsiter and will be held at the AAA location chosen by TheWebsiter in Texas. 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, TheWebsiter 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 TheWebsiter 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 TheWebsiter in violation of this paragraph, you agree to pay TheWebsiter’s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.

TheWebsiter and User are independent contractors and nothing contained in this Agreement places TheWebsiter 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.

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

TheWebsiter shall not be responsible for any damages your business may suffer. TheWebsiter makes no warranties of any kind, expressed or implied for the Services. TheWebsiter 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 TheWebsiter or our employees.

Your use of the Services is at your sole risk. TheWebsiter’s backup service runs once a week and overwrites any of our previous backups. Only one week 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 TheWebsiter’s sole discretion. TheWebsiter does not maintain backups of dedicated accounts. TheWebsiter 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 TheWebsiter’s servers.

Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, THEWEBSITER 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. THEWEBSITER 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. THEWEBSITER 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.

TheWebsiter may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

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.

The headings herein are for convenience only and are not part of this Agreement.

A. TheWebsiter 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 TheWebsiter 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.
B. TheWebsiter reserves the right to modify, change, or discontinue any aspect of the Services at any time.

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.

No failure or delay by you or TheWebsiter 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.

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of TheWebsiter. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. TheWebsiter 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.

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.

Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
Virtual Private Server TOS addendum
Domain Registration Agreement
This file was modified 09/29/2022