TERMS AND CONDITIONS
This Service Agreement ("Agreement") applies to the purchase of all services (collectively, the "Services") ordered by you on the Order Form. Web Hosting Sizzle reserves the right to amend its Service offerings and add, delete, suspend or modify the terms and conditions of the Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing or future customers.
- BILLING, PAYMENT, STATEMENTS, CHARGEBACKS & FEES
You shall pay the fees and other charges for each Service as provided in the Order Form or as agreed by meeting and evidenced by payment history. Web Hosting Sizzle reserves the right to change rates by notifying you thirty (30) days in advance of the effective date of the change; provided that Web Hosting Sizzle shall not change any rates during the term of any Term Commitment. Service charges shall be invoiced in accordance with the terms and conditions set forth both herein and in the Service Order Form. All payments shall be made in U.S. currency. You will pay a late payment charge equal to 1.5% (or the highest amount permitted by law, whichever is lower) per month or portion thereof on the outstanding balance of any invoice remaining unpaid thirty (30) days after the date upon which payment is due ("Due Date"). Domain registrations have a due date not to exceed 3 days from the actual date of registration or renewal. The Due Date for all accounts is the 1st of each calendar month. Accounts unpaid after the Due Date may have service suspended or terminated. Such suspension or termination shall not relieve you of your obligation to pay the fee due. You agree and authorize by use of the service that Web Hosting Sizzle may collect payment from your designated bank account using the information you have provided in your payment history either by check, fax, e-mail, telephone or any other means consistent with the payment history and the monthly hosting plan amount for which you have been using the service. If you provide WebHostingSizzle your credit card information, you authorize WebHostingSizzle to automatically charge your credit or debit card for charges that apply to your account. You are responsible for notifying WebHostingSizzle, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status). If you provide WebHostingSizzle your bank account information, you authorize WebHostingSizzle to automatically debit your bank account for charges that apply to your account. You are responsible for notifying WebHostingSizzle, of any changes to your bank account (including, but not limited to account holder, account number, aba transit number, billing address, or account status). In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plans Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle (30 days). If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
WebHostingSizzle does not mail paper invoices or statements. Customers draft, paypal or other records serve as their record. Webhostingsizzle maintains its record. Customers may request to receive their monthly account billing statement via email.
In the event of a chargeback submitted by the Client, Client agrees to either take steps to reverse the chargeback or You agree to pay WebHostingSizzle its reasonable expenses, including lawyer's fees and collection agency fees, incurred in enforcing its rights under this Agreement. You shall pay all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services and the sale of hardware, software or equipment to you, except that any applicable taxes based on WebHostingSizzle's net income shall be the responsibility of WebHostingSizzle.
Returned (NSF) Checks WebHostingSizzle charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
Credit Card Chargebacks A $25.00 chargeback fee will be assessed for each credit card chargeback received by WebHostingSizzle.
Bank Wire Payments WebHostingSizzle does NOT charge fees for accepting payment via bank wire, however, international wire transfers may be assessed a $20.00USD processing fee by an intermediary bank. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to WebHostingSizzle or the amount credited to your account will be less than your intended payment.
Reactivation Customers that wish to reactivate a closed account will be assessed a $29.95 reactivation fee. A $99.95 fee will be assessed if WebHostingSizzle restores your data files to your reactivated account.
Hosting Plan Changes Customers electing to change to a lower priced hosting plan on the same platform will be charged a $19.95 downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference betweenthe setup fee applicable to your new and former plans.
- ADDITIONAL TERMS FOR DOMAIN NAME REGISTRATION
- Cancellation; Reinstatement. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Web Hosting Sizzle as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
- Renewal. You will be notified when renewal fees are due. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge you accordingly.
- Transfer. You will be responsible for all costs and fees associated with the registration of your domain name including, but not limited to, all costs and fees for moving or transferring such domain name. Under no circumstances shall Web Hosting Sizzle be responsible for this cost. Web Hosting Sizzle makes no representations concerning and does not guarantee that your domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. You agree to be bound by the terms of the Domain Name Registration Agreement, Domain Name Dispute Policy, and related agreements that you will be asked to review and indicate your acceptance of during the domain name registration process.
- Use of Personal Information; Updated Information. Web Hosting Sizzle will collect certain personal information (including, without limitation, contact information such as name, address, email address and telephone number) ("Personal Information") from you during the registration process. You agree and acknowledge that Web Hosting Sizzle will share Personal Information that you provide (or that is gathered about you during the registration process, including, for example, your primary domain name server and the like), or that Web Hosting Sizzle otherwise maintains, with one another, with ICANN, with registry administrator(s), and with other third parties as ICANN and applicable laws and/or policy may require or permit.
- ICANN Guidelines. Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Web Hosting Sizzle may or must make available to the public or to private entities, and the manner in which such information is made available. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name.
- Third Party Data. In the event that, in registering the domain name, you are providing information about a third party, you hereby represent that you have (1) provided notice to that third party of the disclosure and use of the party's information as set forth in this Agreement, and (2) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
- Accuracy of Data. You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether you may have violated the trademark rights of another party in registering a domain name confusingly similar to such party's trademark.) You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by Web Hosting Sizzle concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
- If You Register a Domain Name Through Web Hosting Sizzle. If you register a .com, .net, or .org domain name through Web Hosting Sizzle, and you asked us to register the domain name for you, such domain names are subject to the agreement you enter into with GoDaddy or Dotster, who are Web Hosting Sizzle's exclusive providers of domain name registration services. By applying for the domain name and through the use or continued use of the domain name, the applicant agrees to be bound by the terms of the Registrars' domain name policy which is available on their respective websites.
Domain name registration services shall be for the term indicated on the registration application. Domain name registration agreements will be renewed and terminated on the terms indicated above ("Additional Terms for Domain Name Registrations"), and in the Domain Name Registration Agreement, Domain Name Dispute Policy and related agreements that you will be asked to review and must agree to during the registration process.
For all Services other than domain name registration services, this Agreement shall be for the term specified by you on the Order Form. With regard to such other Services, this Agreement will be automatically renewed at the end of the initial term for the same term specified by you on the Order Form unless you provide sixty (30) days written notice to Web Hosting Sizzle of termination of this Agreement.
- ACCEPTABLE USES
You shall at all times adhere to the Web Hosting Sizzle Acceptable Use Policy located at http://www.webhostingsizzle.com/policy.php, as amended from time to time by Web Hosting Sizzle effective upon posting of the revised policy at the URL. Notwithstanding anything to the contrary contained herein, Web Hosting Sizzle may immediately take corrective action, including disconnection or discontinuance of any and all Services, or terminate this Agreement in the event of notice of possible violation by you of the Web Hosting Sizzle Acceptable Use Policy. In the event Web Hosting Sizzle takes corrective action due to a violation of the Web Hosting Sizzle Acceptable Use Policy, Web Hosting Sizzle shall not refund to you any fees paid in advance of such corrective action. We reserve the right to host or not host an account based on various factors such as server load, site content deemed soley by us to be undesirable, anticipated service needs or any other reason we may choose. Your request for a site and its corresponding submission of a payment automatically via the site does not constitute an agreement or binding contract on our part. We will refund the application amount for any site we choose not to host within 24 hours of our decision.
Web Hosting Sizzle is acting only as a reseller or licensor of any hardware, software and equipment (collectively, the "Equipment") offered under this Agreement that was manufactured by a third party. Web Hosting Sizzle shall not be responsible for any changes in Services(s) that cause Equipment to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Equipment either sold, licensed or provided by Web Hosting Sizzle to you or purchased directly by you used in connection with the Service(s) will not be deemed a breach of Web Hosting Sizzle's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of Equipment are limited to those rights extended to you by the manufacturer of such Equipment. You are entitled to use any Equipment supplied by Web Hosting Sizzle only in connection with your permitted use of the Services. You shall use your best efforts to protect and keep confidential all intellectual property provided by Web Hosting Sizzle to you through any Equipment and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Equipment, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
In the event that Web Hosting Sizzle provides Equipment to you free of charge, upon the termination of this Agreement for any reason, you, at your election, may: (a) purchase the Equipment at the rate of 75% of its original retail value; or (b) return, at your costs, the Equipment to Web Hosting Sizzle in the same condition as furnished to you, excepting normal wear and tear.
If you do not purchase or return the Equipment within ten (10) business days of the termination of the Agreement, Web Hosting Sizzle will invoice you, and you agree to pay, for the Equipment at the rate of 75% of its original retail value.
- IP ADDRESS OWNERSHIP
Web Hosting Sizzle shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Web Hosting Sizzle and Web Hosting Sizzle reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
You expressly (i) grant to Web Hosting Sizzle a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Web Hosting Sizzle under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
- CPU USAGE
You agree that you shall not use excessive amounts of CPU processing on any of Web Hosting Sizzle's servers. Any violation of this policy may result in corrective action by Web Hosting Sizzle, in its sole discretion, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that Web Hosting Sizzle elects to take any corrective action, you shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
- DISK USAGE
You agree that Disk usage shall not exceed the number of megabytes per month for the Services ordered by you on the Order Form. This usage shall be monitored and measured by Web Hosting Sizzle. Any Disk usage in excess of the agreed upon number of megabytes per month may result in corrective action by Web Hosting Sizzle, in its sole discretion, including assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement. In the event that Web Hosting Sizzle elects to take any corrective action, you shall not be entitled to a refund of any fees paid in advance prior to such corrective action.
You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
- DISCLAIMER OF WARRANTY
You acknowledge and agree that Web Hosting Sizzle exercises no control over, and accepts no responsibility for, the content of the information passing through Web Hosting Sizzle's host computers, network hubs and points of presence (the "Web Hosting Sizzle Network") or the Internet. NEITHER WEB HOSTING SIZZLE, ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS NOR THE LIKE MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT FOR THE SERVICES OR ANY EQUIPMENT WEB HOSTING SIZZLE PROVIDES. NEITHER WEB HOSTING SIZZLE, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION SERVICED OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. WEB HOSTING SIZZLE IS NOT LIABLE FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF YOUR CUSTOMERS VIA THE SERVICE(S) PROVIDED BY WEB HOSTING SIZZLE.
You will indemnify, defend and hold harmless Web Hosting Sizzle and its employees, officers, directors and agents (collectively "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 lawyerss' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to the use of the Services, including any violation of the Web Hosting Sizzle Acceptable Use Policy.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL WEB HOSTING SIZZLE OR ITS EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR USE, BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT OR STRICT LIABILITY OR OTHER LEGAL THEORY, EVEN IF WEB HOSTING SIZZLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Web Hosting Sizzle's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
- FORCE MAJEURE
Web Hosting Sizzle shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services.
- GOVERNING LAW
The validity, interpretation, enforceability, and performance of this Agreement shall be governed by and construed in accordance with Christian conciliation process mediated exclusively through the Peacekeepers Conciliation Service. Your application and payment for a potential account constitutes your express agreement with such. WebHostingSizzle is a property owned and operated by the church as a fundraising activity for it's charitable contributions to those in need.
- AMENDMENT; WAIVER
Except as otherwise provided herein, this Agreement may not be amended except upon the written consent of you and Web Hosting Sizzle. No failure to exercise and no delay in exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, or power hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or in equity. The waiver by any party of the time for performance of any act or condition hereunder shall not constitute a waiver of the act or condition itself.
- ASSIGNMENT; SEVERABILITY
This Agreement shall be binding upon and inure to the benefit of you, Web Hosting Sizzle and our respective successors, and assigns. You may not assign this Agreement without the prior written consent of Web Hosting Sizzle. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
- ENTIRE AGREEMENT
This Agreement, together with any other document or agreements specifically identified in this Agreement, represents the entire agreement between the parties, and supercedes all previous representations, understandings or agreements.
- ACCEPTANCE OF SERVICES
ACCEPTANCE OF THIS AGREEMENT BY Web Hosting Sizzle MAY BE SUBJECT, IN Web Hosting Sizzle'S ABSOLUTE DISCRETION, TO SATISFACTORY COMPLETION OF A CREDIT CHECK. ACTIVATION OF SERVICE SHALL INDICATE WEB HOSTING SIZZLE'S ACCEPTANCE OF THIS AGREEMENT. USE OF THE WEB HOSTING SIZZLE NETWORK CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY AND RIGHT TO ENTER INTO THIS AGREEMENT AND THAT THERE ARE NO CONFLICTING CLAIMS RELATING TO THE RIGHTS GRANTED BY THIS AGREEMENT. YOU FURTHER REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OF AGE.
- CANCELLATION POLICY
If you cancel your Service Agreement prior to the end of the term specified in your Order Form, Web Hosting Sizzle shall not refund to you any fees paid in advance of such cancellation. You will be required to pay 100% of Web Hosting Sizzle's standard monthly charge for each month remaining in the term. For security, all cancellation requests must be made by the primary contact person on the account who must provide sufficient customer identification information. Any cancellation request shall be effective upon receipt, unless another date is specified in such cancellation request. Any cancellation by Web Hosting Sizzle or you shall not relieve you of any obligations to pay fees accrued prior to such cancellation.
- THIRTY DAY GUARANTEE
You may try out Web Hosting Sizzle Service(s) risk free for thirty (30) days, excluding domain name registration services. If you are not completely satisfied, you may cancel your account within thirty (30) days of the submission of your Order Form and receive a full refund of any Service charges, excluding set-up and domain name registration fees, Web Hosting Sizzle has collected in advance and you shall be under no further obligations. For security, all cancellation requests must be by the primary contact person on the account who shall provide sufficient customer identification information. Any cancellation request shall be effective upon receipt.