Watersweb Solutions LLC Service Agreement

This agreement represents the complete agreement and understanding between Watersweb Solutions, LLC, the parent company of Watersweb Hosting, Watersweb Shops and Pixel Emporium, (hereinafter called WATERSWEB) and the customer (hereinafter called Account Holder) and supersedes any other written or oral agreement. WATERSWEB reserves the right, in its sole discretion, with or without notice, to modify, these terms and conditions, amplify them, and/or modify the prices, as well as discontinue or change the services offered at any time without prior or any notification. Account Holder must comply with WATERSWEB’S current “Terms and Conditions,” as updated from time to time by WATERSWEB, which can be viewed at the WATERSWEB web site.

Submission of your account order shall constitute your acceptance of these Terms and Conditions.

1. Provision of services

a. Service means - Any act of serving the ACCOUNT HOLDER, being provided by WATERSWEB, regardless of its duration and whether it’s a paid service or a free service.

b. Without limiting the scope of item 1.a. above, WATERSWEB will provide services on its host computing systems, shared server to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.

c. WATERSWEB’s fee does not include the initial domain registration fee and renewal fee thereafter, or any other regional registrar domain registration fees, unless specifically ordered through the Watersweb Domain Registration services.

e. Be advised that upon registering a domain name, you will be subject to the Terms and Conditions of InterNIC or other registries as applicable. Please refer to our Domain Registration Agreement.

2. Use of Services

The ACCOUNT HOLDER agrees that WATERSWEB will only host family-friendly websites. The ACCOUNT HOLDER agrees that absolutely no adult-oriented sites will be allowed on WATERSWEB servers, including, but is not limited to, pornography of any type and/or adult-themed materials.

a. The ACCOUNT HOLDER agrees to use the services provided by WATERSWEB as permitted by applicable local, provincial, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law, libelous, or against any WATERSWEB policy.

b. WATERSWEB reserves the right to refuse service to any new or existing customers.

c. The ACCOUNT HOLDER is solely responsible for any legal liability arising out of, or relating to, his/her web site at WATERSWEB. The ACCOUNT HOLDER represents and warrants to WATERSWEB that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not -

1. violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or

2. contain any material that is: unlawful, fraudulent, libelous, slanderous, threatening, harassing, defamatory, obscene, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold WATERSWEB, and any third party entities related to WATERSWEB, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:

• The ACCOUNT HOLDER’s breach of any of the forgoing representations and warranties, or
  any other third party claim with respect thereto, will result in termination of the ACCOUNT HOLDERS services.

d. The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER’s web site is at the sole discretion of WATERSWEB. WATERSWEB may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that WATERSWEB deems to be in violation of Section (3c.) of these Terms and Conditions.

e. WATERSWEB accounts cannot be transferred or used by anyone other than the ACCOUNT HOLDER. ACCOUNT HOLDER may not sell, lease, rent or assign the connection or parts of the connection to any party not named in this agreement.

f. Use of other organizations networks or computing resources is subject to their respective permission and usage policy.

3. Use of Material

a. Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using WATERSWEB services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain.

b. As provided by United States federal law, Canada federal law and by International law, copyrighted materials (e.g., images, text, and programs) may not be uploaded using WATERSWEB services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.

4. Password Security

The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 12 characters long, contain upper and lowercase letters, numbers or other characters. The ACCOUNT HOLDER is solely responsible for changing its password as required to assure secure access to its account.

The ACCOUNT HOLDER agrees to provide WATERSWEB with the current account password upon request. ACCOUNT HOLDER also agrees to allow WATERSWEB administrative access to any software on the system for server maintenance purposes.

5. Indemnification

The ACCOUNT HOLDER agrees to protect, defend, hold harmless and to indemnify WATERSWEB, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, from any claims, including attorney’s fees, resulting from the ACCOUNT HOLDER’s use of WATERSWEB’s services.

6. LIMITED LIABILITY

a. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL WATERSWEB BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF WATERSWEB’S SERVICES, EVEN IF WATERSWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WATERSWEB’S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF WATERSWEB’S SERVICES.

b. The ACCOUNT HOLDER acknowledges that WATERSWEB makes an honest effort to keep the information available on WATERSWEB’s systems accurate. However, WATERSWEB can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through WATERSWEB is at the risk of the ACCOUNT HOLDER.

c. The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. WATERSWEB has no ability or authority over the material. WATERSWEB can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through WATERSWEB services is at the risk of the ACCOUNT HOLDER.

d. The ACCOUNT HOLDER understands, agrees and acknowledges that WATERSWEB makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, WATERSWEB can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. WATERSWEB specifically disclaims all warranties of merchantability and and fitness for a particular purpose. The use of these application(s), data and/or information obtained from or through WATERSWEB, or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDER.

e. The ACCOUNT HOLDER understands, agrees and acknowledges that WATERSWEB will use its best efforts to maintain a full time Internet presence for ACCOUNT HOLDER. The network may be down due, but not limited to, utility interruption, equipment failure, natural disaster, acts of God, or human error. ACCOUNT HOLDER agrees that these events may or may not occur and ACCOUNT HOLDER will hold WATERSWEB, its Parents, Subsidiaries, Affiliates, Executives, Directors, Officers, Managers, Employees, Successors, Assigns, Consultants and Agents, free and harmless from any damages incurred in any event of any type of loss resulting from any reason whatsoever. Uses of WATERSWEB service is at the risk of the ACCOUNT HOLDER.

7. Payment of fees and penalties

a. The WATERSWEB billing cycle renews each month on first day of the month.

b. Service payments will be charged in advance of receiving services. You are responsible for paying your hosting fees, regardless of whether or not you use the site, as long as the site is in existence. If you wish to cancel your services, you must inform Watersweb in writing via the Watersweb Helpdesk.

c. The service contract will be automatically renewed at the end of its term and the service payment for the renewal term will be charged automatically to ACCOUNT HOLDER’s credit card without “Watersweb” obtaining ACCOUNT HOLDER’s permission after the initial charge. ACCOUNT HOLDER shall notify WATERSWEB of any changes in credit card number or expiration date. If the card is not honored for any reason, WATERSWEB will attempt to notify the ACCOUNT HOLDER by using the e-mail address on file. It is the ACCOUNT HOLDER’S responsibility to keep a valid e-mail address on file with WATERSWEB. If alternative payment arrangement has not been made within 5 days of invoice due date, the account will be suspended. The account will be terminated after 30 days. ACCOUNT HOLDER’S credit card information will be kept on file throughout the length of the account’s billing cycle or until ACCOUNT HOLDER cancels account. Upon account cancellation, ACCOUNT HOLDER’s credit card information will be destroyed.

d. Payment is due at beginning of each accounting cycle.

e. Overdue accounts are those that remain unpaid 5 days after beginning of accounting cycle (due date of invoice, which is the first day of the month).

f. Accounts that are overdue are put on “accounting hold” and may not be used. Accounts that are unpaid for 30 days will be terminated immediately without notice.

g. There is a service reconnection charge of $5.00 to reactivate accounts from suspended status. Accounts requiring manual unsuspension will be unsuspended within 12 business hours.

h. The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.

i. There is a $25.00 service charge for each check that is not honored.

j. The ACCOUNT HOLDER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. WATERSWEB has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.

k. No refund on all paid and pre-paid services after the first 30 days of account activation.

l. Chargebacks issued for valid hosting fees will result in immediate account termination, without prior notice, and without exception.

m. Watersweb, at its discretion, may in some cases issue a credit to a client’s account. Under no circumstances can that credit be converted to cash. It can only be used to pay for Watersweb services, including web hosting, Shop Kit Plus and web design services.

l. We are NOT responsible for any emails that do you do not receive, or for the consequences of you not receiving any notifications from us, including invoices, late payment notifications, suspension notifications or account deletion notifications.

m. You are responsible solely responsible for ensuring that your accounts are paid in a timely manner and that you keep abreast of updates and notifications via emails, website updates, and support forum announcements and posts.

8. “CANCELLATION” Requests

This agreement will commence upon the ACCOUNT HOLDER’s acceptance of it and continue on a month-to-month basis.

a. For ACCOUNT HOLDERS that pay on a MONTHLY basis ONLY - “CANCELLATION” requests for WATERSWEB accounts must be sent to the Cancellations Department at Watersweb HelpDesk and received by WATERSWEB, before the 5th of each month, in order to be processed by the end of the same month.

b. For ACCOUNT HOLDERS that pay on a NON-MONTHLY basis (3, 6 and 12 months) - “CANCELLATION” requests for WATERSWEB accounts must be sent to the Cancellations Department at Watersweb HelpDesk and received by WATERSWEB, 15 days before the account’s anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge.

c. All WATERSWEB accounts must be paid in full before the transaction will be considered complete.

d. Cancellations after the first 30 days of account activation will NOT generate ANY refund.

9. Abuse of Services

a. Any use of WATERSWEB system resources that disrupts the normal use of the system for other WATERSWEB customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include, but are not limited to, spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, overwhelm the server with heavy CPU usage from highly active CGI scripts or chat scripts, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, WATERSWEB forbids the storage of illegal/pirated software, the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk email lists intended for spamming or resale purposes.

b. Depending on the nature and the severity of the abuse, the user may receive an email warning or have his/her account suspended by WATERSWEB Technical Support. Spamming activities will result in immediate termination of services to Account Holder.

c. Unethical and criminal offenses are violations of WATERSWEB conditions of use. You are expected to report to WATERSWEB any information you may have concerning instances in which the conditions of use have been or are being violated. When WATERSWEB becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, WATERSWEB may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of WATERSWEB, following payment of a reconnection charge equal to the current setup fee.

10. IP Addresses

WATERSWEB maintains control and ownership of any and all IP numbers and IP addresses that may be assigned to the ACCOUNT HOLDER and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. ACCOUNT HOLDER will have no right to use the assigned IP numbers except as allowed by WATERSWEB in its sole discretion in connection with the plan ACCOUNT HOLDER has selected, during the term of this agreement.

11. Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with WATERSWEB, either in whole or in part, without the prior written consent of WATERSWEB. WATERSWEB may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of WATERSWEB’s assets or other corporate reorganization.

12. Governing Law/Severability

Any Agreement, arising from the business relationships between WATERSWEB and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the State of Oklahoma, United States of America, without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in the State of Oklahoma, United States of America, and consent to personal jurisdiction and venue in that state. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.

13. Age of Majority

WATERSWEB cannot accept agreements and payments from persons under the age of 18 years. Therefore, WATERSWEB requires that its agreements be made with a person who is qualified to contract. As such, the ACCOUNT HOLDER must be over the age of 18 years. Otherwise, a parent or guardian must accept this agreement and ensure the proper payment.

14. Other Legal Agreements

WATERSWEB and Client agree that any dispute arising out of this TOS shall first be resolved by mediation, if possible. Payment for services indicates an agreement with the current version of this TOS, which was entered into in Cleveland County, Oklahoma, and any necessary arbitration or litigation will take place in this county.

15. Complete Understanding/Modification

These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and WATERSWEB, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by WATERSWEB.

Please review our Domain TOS if you are purchasing or transferring a domain.