Terms & Conditions

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by WebHostingPod.com, (the "Services"). As used in this Agreement, "Web Hosting Pod" means Webhostingpod.com, and "Client", "you", or "your" means you. By clicking on the "Submit" button on http://webhostingpod.com/orderform.htm, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Web Hosting Pod site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Web Hosting Pod Site" refers to the Site located at the URL http://webhostingpod.com, or any other successor Sites owned or maintained by Web Hosting Pod.

1. APPROPRIATE USE OF THE SERVICES.

Web Hosting Pod provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

Age

Customers must be 18 years of age to obtain our services. If you are under the age of 18, you must have a parent or legal guardian obtain services for you.

Client Content

Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Web Hosting Pod server in connection with Client's use of the Services which:

violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Web Hosting Pod or any third party;

are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate

violate any Web Hosting Pod policy posted on the Web Hosting Pod Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy.
contain viruses or other computer programming defects which result in damage to Web Hosting Pod or any third party.

Bandwidth

Client may occupy only the amount of disk space on the Web Hosting Pod Server and utilize no more than the network bandwidth that is allotted by Web Hosting Pod. Additional fees, specified in the Virtual Host plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.

No "SPAM"

Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Web Hosting Pod, or otherwise, that mentions or reference any domain hosted on Web Hosting Pod servers or parked on Web Hosting Pod DNS servers. NOTE: THIS POLICY APPLIES TO VIRTUAL SERVER ACCOUNTS, AND ALL DOMAINS, NAMES SERVERS AND PARKED DOMAINS HOSTED ON THE SERVER. (Violators will be fined! Refer to our UCE (SPAM) Policy).

Licensed Software Only

Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files

Clients will have the ability to reinstate files which are automatically archived by Web Hosting Pod upon request for a minimal fee; however, Web Hosting Pod does not guarantee the existence, accuracy, or regularity of its backup services, and therefore, Client is responsible for making back-up files in connection with its use of the services. The accuracy and quality of backup processes provided by 3rd party software, such as the individual 3rd party control panels, is not guaranteed by Web Hosting Pod.

Additionally, most control panels now offer backup processing and setup within the respective control panels. Running of cron jobs and backup services within the control panel is the responsibility of the server owner. The backup script can be set up to generate a daily email with results to assist Client in monitoring. For mission critical data, Web Hosting Pod highly recommends higher quality off-server backup services than what an on-board backup drive can provide. Doing periodic local backups is also highly recommended and prudent business practice.

Termination

Web Hosting Pod reserves the right to refuse service to anyone. Web Hosting Pod, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact abuse@webhostingpod.com.

2. PAYMENT OBLIGATIONS

Service Fees - Monthly Subscription Plan

Monthly Payment is due each month on the date you initially ordered service. PayPal, will notify you that a subscription payment is due in accordance with the applicable Services fees for services rendered for the current month. Web Hosting Pod shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Web Hosting Pod. Certain services carry a set-up fee charged by Web Hosting Pod to Client that must be paid by Client in order to have use of the Services. If Client exceeds bandwidth usage for any month, Client will be billed for this usage when it occurs.

If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Web Hosting Pod and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded.

Yearly Payment Subscription Plan: Full Payment is due upon initial registration for service. The term is 13 months of service for the price of 12. The Free month will be the 13th month. If subscription is cancelled before the 12th month, you will forfeit your free month. Cancellation notice must be given 30 days prior to the last month that you wish to use the service. Refunds will be sent within 60 days for the remaining unused months.

This is a Special which may or not be repeated.

Domain Names

If Client chooses to register a domain name(s) through Web Hosting Pod, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar, There is a $3.00 service charge for registering your domain using PayPal. This fee covers the time it takes our employees to register the domain for you. Web Hosting Pod does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

3. CLIENT LIABILITY AND INDEMNIFICATION

The parties agree that in no event shall Web Hosting Pod be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Web Hosting Pod from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.

4. TERM, TERMINATION & REINSTATEMENT

Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. Cancellation requests must be sent to billing@webhostingpod.com All canceled servers will be deactivated on the last day of the month notice of cancellation is received.

All monthly cancellation requests must be received by the 15th day of the month .
Sections 3 - 8 shall survive termination or expiration of this Agreement.

If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. Web Hosting Pod will maintain an archival copy of Client's Web site for Seven (7) days after Web Hosting Pod receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

5. TAXES

Client will pay and indemnify and hold Web Hosting Pod harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.

6. DISCLAIMER OF WARRANTY

THE SERVICES, THE WEB HOSTING POD SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE WEB HOSTING POD SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. WEB HOSTING POD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WEB HOSTING POD SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL WEB HOSTING POD BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE WEB HOSTING POD SITE OR ANY WEB HOSTING POD PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL WEB HOSTING POD CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50. US).

8. MISCELLANEOUS

Copyright Infringement / Intellectual Property

Engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Web Hosting Pod is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also Web Hosting Pods policy to terminate the privileges of customers who commit repeat violations of copyright laws.

Reference: Digital Millennium Copyright Act (DMCA) : http://www.copyright.gov/legislation/hr2281.pdf

Notices

Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

If to Web Hosting Pod:

Web Hosting Pod
Address removed from this agreement due to spammers. Mailing Address will be provided to Clients upon request.

If to Client:

Name and address provided for account setup.

If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Web Hosting Pod. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and Web Hosting Pod’s policies are subject to change by Web Hosting Pod without notice. Continued usage of the Services after a change to this Agreement by Web Hosting Pod or after a new policy is implemented and posted on the Web Hosting Pod Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Web Hosting Pod Site for any changes or additions.

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