WHB TOS

websitehostingbox.com (WHB Services)

Updated: 16/02/2016

websitehostingbox.com (WHB Services) Website Hosting & Services Terms and Conditions 
This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, Managed Hosting and any other services, ordered by you and accepted by websitehostingbox.com (WHB Services) and describes the terms and conditions that apply to such purchase and use of the Services.

You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. websitehostingbox.com (WHB Services) reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers.

websitehostingbox.com (WHB Services) may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following websitehostingbox.com (WHB Services)' posting of any changes or modifications will constitute your acceptance of such changes or modifications.   

1. Payment. As consideration for websitehostingbox.com (WHB Services) providing the Hosting Services hereunder, Customer agrees to pay websitehostingbox.com (WHB Services) the aggregate monthly fee based on the monthly hosting services and the terms selected.  All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card via Stripe or using PayPal. You agree to pay to websitehostingbox.com (WHB Services) the amount indicated in each invoice by the due date reflected on that invoice. Failure to fully pay any fees and taxes within (15) days after the applicable due date will be deemed a material breach of this Agreement, and websitehostingbox.com (WHB Services) may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such nonpayment, websitehostingbox.com (WHB Services) may, delete any and all content from the websitehostingbox.com (WHB Services) Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees.

1.a. Returns, Refunds and Cancelations policy. websitehostingbox.com (WHB Services) will not provide refunds under any circumstances. Services are provisioned immediately upon completion of payment other than as explained in section 1.b.

1.b. Reseller Hosting : * First month €1 only. **Free domain requires 3 month billing cycle. ***15 day money back guarantee does not include charge for WHMCS license fee on ResellerLV1, 2. Domain cost will be deducted if you take up the 15 day money back guarantee and the domain name remains yours.

2. Provision of Services. websitehostingbox.com (WHB Services) will provide Customer with the Services ordered that are described in the Hosting Package Features elsewhere in this document. Customer understands and agrees that websitehostingbox.com (WHB Services) will host and create the Web site solely in accordance with the information provided by Customer.   

3. Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. "Customer Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to websitehostingbox.com (WHB Services). "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than websitehostingbox.com (WHB Services), and licensed by websitehostingbox.com (WHB Services) or generally available to the public, including Customer, under published licensing terms, and that websitehostingbox.com (WHB Services) will use to display or run a Web site.   

4. Limited License to the Background Technology. "Background Technology" means computer programming/formatting code or operating instructions developed by or for websitehostingbox.com (WHB Services) and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of websitehostingbox.com (WHB Services). All rights to the Background Technology not expressly granted to Customer hereunder are retained by websitehostingbox.com (WHB Services). Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.   

5. Limited License to Content. Customer hereby grants to websitehostingbox.com (WHB Services) the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use web site, any Customer Content, or any Customer Marks provided to websitehostingbox.com (WHB Services) hereunder, solely for the purpose of rendering websitehostingbox.com (WHB Services)' Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason. 

6. Content Standards. Customer agrees not to provide Customer Content, and websitehostingbox.com (WHB Services) will not intentionally provide to Customers any content, that (a) infringes on any third party's intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. websitehostingbox.com (WHB Services) reserves the right to refuse any other subject matter it deems inappropriate.

6a. To use the service, you agree that: you won't hack, attack, scan or break into other computers, servers or websites; you won't distribute viruses/trojans/worms or pirated copyright materials; you won't generate fraudulant transactions and abuse credit card payment systems; you won't send unsolicited or fraudulent emails; you won't engage in child pornography activities; you won't encourage criminal or terrorist activities.

6.a.1. Prohibited: The use of WebsiteHostingBox.com website, related networks and the Service for any illegal purpose, or in violation of any local, state, national, or international law.

6.a.2. Prohibited: The use of WebsiteHostingBox.com website, related networks and the Service for any fraudulent, harassing or abusive purpose, or so as to damage or cause risk to our reputation & facilities, or to any person.

6.a.2.2. WebsiteHostingBox (WHB Services) prohibits the use of any of its tools or services to communicate or distribute spam.

6.a.3. Important: Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

6.a.4. If you violate any of our terms that involve illegal or criminal activities, your privacy and confidentiality privileges are not guaranteed, and your access logs may be exposed to 3rd party authorities for example the US/UK/CA/EU or any other jurisdictions police departments or other relevant law enforcement agencies and your services may be suspended without notice.

6.a.5 Websitehostingbox.com (WHB Services) utilizes FraudRecord and Maxmind to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord and/or Maxmind for misbehaviour using non-identifiable anonymous information. Any violation of our Terms of Service will be deemed a material breach of this Agreement, and websitehostingbox.com (WHB Services) may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) At the time of such breach, websitehostingbox.com (WHB Services) may, delete any and all content from the websitehostingbox.com (WHB Services) Servers. Any such suspension or termination of the Services would not relieve you from paying past due fees.

7. Support. websitehostingbox.com (WHB Services) agrees to provide reasonable technical support by email to Customer during websitehostingbox.com (WHB Services)'s normal technical support hours. Ticket response wait time will be between one and eight hours depending on the time of your ticket submission. websitehostingbox.com (WHB Services) will provide customer support by telephone if the customer purchased telephonic support time.   

8. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) websitehostingbox.com (WHB Services) may terminate this Agreement after five (15) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (15) day period; and (c) upon the termination of this Agreement, Customer will pay websitehostingbox.com (WHB Services) for all Services provided to Customer by websitehostingbox.com (WHB Services) prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.   

9. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided "as is," and websitehostingbox.com (WHB Services) expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that websitehostingbox.com (WHB Services) will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by websitehostingbox.com (WHB Services) to a Customer will be deemed accepted when delivered.   

10. Indemnity. (a) Customer Indemnity. Customer will defend websitehostingbox.com (WHB Services) against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Customer shall indemnify websitehostingbox.com (WHB Services) for all losses, damages, liabilities, and all reasonable expenses and costs incurred by websitehostingbox.com (WHB Services) as a result of any such third-party claim, action, suit, or proceeding. (b) websitehostingbox.com (WHB Services)' Indemnity. websitehostingbox.com (WHB Services) will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, websitehostingbox.com (WHB Services) shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.   

11. Limitation of Liability. websitehostingbox.com (WHB Services)'s LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO websitehostingbox.com (WHB Services) DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. websitehostingbox.com (WHB Services) SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF websitehostingbox.com (WHB Services) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, websitehostingbox.com (WHB Services) WOULD NOT ENTER INTO THIS AGREEMENT.