This agreement provides the legally binding terms and conditions including, without limitations, the domain wewatchyourwebsite.com and all subdomains: blog.wewatchyourwebsite.com, support.wewatchyourwebsite.com (Sites) and any and all services offered by Company.
When you place a check in the box provided on the registration web page, you are agreeing to be held legally bound by the terms and conditions contained herein, which are subject to change. If these terms and conditions change, the email address you enter on our forms will be sent an email notification. If at that time you do not agree to the updated terms and conditions of Company, you may not use our services from that point forward.
You (Customer) agree that you are of legal age to enter into this agreement and that you have the legal right and authority to enter the information required on our order form.
If you do not agree to these terms and conditions or are not of legal age or have the authority of the website owner, you may not use our services.
As Customer you agree that the information entered on our order form is accurate and that you have authorization to share that information with Company.
If Customer does not maintain the accuracy of Registration Data Company can refuse access to the Account and terminate services immediately without prior notification.
Customer is responsible for all activity in Account and must notify Company of any unauthorized use or access to Account immediately. Customer agrees that any losses or expenses arising from a breach in their Account is their responsibility.
NOTE: THIS AGREEMENT INCLUDES A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT AND WITH RESPECT TO ANY “DISPUTE” (AS DEFINED BELOW) BETWEEN YOU, CUSTOMER, AND THE COMPANY.
Use of Service
Subject to you complying with Terms, Company grants you a limited, non-exclusive, non-transferable, not-to-be-sublicensed license to use Service during the term for which you have purchased a Plan (Service Term) to use the Service for the websites included in the Plan (Serviced Websites). For purposes of this Agreement, a “Website” is defined as a group of related files the purpose of which is to display content material on the internet.
You acknowledge and agree that in the event the Company determines, in it’s sole discretion, that any of the Serviced Websites include explicit pornography, bestiality, human trafficking, child pornography or violate any local, state, national or international laws or regulations, Company may immediately terminate this Agreement and may at Company’s option issue a prorated refund of the Service Subscription Fee for the remainder of the Service Term.
Customer Identity and Authority
Customer is required to provide current, accurate information in all forms of registration and communication. Customer agrees and acknowledges that they will not misrepresent or impersonate any person, company or entity when using Services from Company. Customer further agrees and acknowledges that any parties acting on their behalf when using Company Services, shall be held to these same Terms of Service. Customer agrees and acknowledges that they will verify the identity of any persons acting on their behalf when using Services.
Fees and Payment
Customer agrees and acknowledges to pay Company any fees for each Service you purchase or use in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through the online registration page. Fees paid by Customers to Company are not refundable, except as provided in these Terms or when required by law.
Customer is solely responsible for payment of the fee (Service Subscription Fee) at the time you create an Account or place additional hosting accounts under a current Account.
Company has a policy of not auto-renewing your Service Subscription Fee. It is Customer’s option to renew. Customer will be notified 15 days prior to Service expiration date. If the service is not renewed a second reminder will be sent on the day of Service expiration. If no response from Customer by Company, the service will be terminated within one week after Service expiration.
Customer acknowledges and agrees the Agreement with these Terms shall remain in effect as long as Customer maintains subscription via initial fee and any subsequent renewals. Customer acknowledges and agrees Company can terminate the agreement at any time with or without cause, if Company has reason to believe that Customer has violated the Terms at any time, in any way.
Customer has thirty (30) days from the start of Service to cancel the Service and receive a full refund provided we have not removed malware from Customer’s Website, as determined solely by Company. All termination requests must be submitted via Company ticket system. Customer must receive confirmation email stating that request was received and processed. If during the first 30 days, we have removed malware from the Customer’s Website, and provided proof of Service, no refund will be processed. Proof will consist of email sent to Customer listing the files from Website that were infected with malware and said malware was removed from Website files.
Except as set forth above, Customer acknowledges and agrees that Service Fee shall be non-refundable.
Within all applicable laws, Customer is ineligible to use Services if: Customer is a competitor of Company; Customer or anyone using Services under the guidance of Customer, have been convicted of any computer or Internet related crimes; Customer is more than thirty (30) days past due for any fees for Service; Customer’s location prohibits use of Service.
Company agrees to use all of it’s resources to remove malware from Customer Websites. In the event Company is unable to remove malware from Customer Website, for any reason, Company will, as it’s sole discretion and as the exclusive remedy, refund full fee to Customer and cease service for Customer.
EXCEPT AS SET FORTH ABOVE, THE SERVICE (INCLUDING WITHOUT LIMITATION, ANY CONTENT OR COMPANY MATERIALS) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY AND IT’S DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND PROVIDERS (COMPANY PARTIES) DO NOT WARRANT THAT: (A) THE SERVICE WILL PREVENT THE INFECTION, OR RE-INFECTION, OF THE SERVICED WEBSITES; (B) THE SERVICED WEBSITE WILL OPERATE AFTER IT HAS BEEN SERVICED BY COMPANY; (C) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (D) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (E) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (F) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SITES OR THE SERVICE IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM, ANY DEVICE YOU USE TO ACCESS THE SITES OR THE SERVICE, AND ANY SERVICED WEBSITES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
CUSTOMER UNDERSTANDS AND AGREES THAT USE OF THE SITES AND THE SERVICE ARE AT YOUR OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO CUSTOMER COMPUTER SYSTEMS, THE SERVICED WEBSITES, OR LOSS OF DATA THAT RESULTS FROM USE OF THE SITES AND THE SERVICE.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, REPRESENTATION OR CONDITIONS, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON TIME LIMITS OF IMPLIED WARRANTY, WHICH PREVENTS CERTAIN ABOVE CONDITIONS FROM APPLYING TO CUSTOMER. IF LEGISLATION IN A CERTAIN JURISDICTION THAT ANY TERMS OR CONDITIONS STATED HEREIN CANNOT BE EXCLUSIVE THEN COMPANY’S LIABILITY FOR BREACH OF SAID TERMS OR CONDITIONS SHALL BE LIMITED, AT COMPANY’S OPTION, TO THE SUPPLY OF SERVICES AGAIN, OR THE PAYMENT COST OF HAVING THEM SUPPLIED AGAIN.
Limitation of Liability
COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING OR DOWNLOADING THE CONTENT OR THE COMPANY MATERIALS. IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE ,DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITES, THE SERVICE OR OF ANY CONTENT OR COMPANY MATERIALS CONTAINED ON OR MADE AVAILABLE THROUGH THE SITES OR THE SERVICE, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CUSTOMER HAS SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITES AND THE SERVICE, AND CUSTOMER WILL NOT MAKE A CLAIM AGAINST COMPANY FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE SITES OR THE SERVICE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY PARTIES BE LIABLE TO YOU FOR MORE THAN THE SERVICE SUBSCRIPTION FEE FOR THE SERVICE TERM DURING WHICH YOU FIRST ASSERT ANY SUCH CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND CUSTOMER.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE REGULATIONS OR LAWS APPLY TO JURISDICTION OF CUSTOMER, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS MAY NOT FULLY APPLY TO CUSTOMER AND CUSTOMER MAY HAVE ADDITIONAL RIGHTS.
Copyright and Intellectual Property
All information provided by Company related to Services is protected by copyright law. Except when authorized in writing by Company or elsewhere in the Terms, Customer must not distribute or duplicate this information in any form, whether for commercial purposes or individual purposes, any part of the Services. Unless indicated otherwise, Customer may view, download, copy or print Company’s documents from Services, as long as such documents are only for Customer’s use and are not displayed, distributed, customized, including defacing or removing copyright, trademark or other intellectual property ownership notices.
Customer acknowledges and agrees that all Content is owned by Company and shall not be removed or duplicated without express written consent of Company. All Services, Logo and other materials are the property of Company and may not be used without permission in connection with any third party products or services. Any trademarks or trade names used on Company Website are the property of their respective owners.
Any ideas, suggestions or comments provided to Company through it’s blog, forum or by way of email, by Customer, will not contain confidential or proprietary information of any third party. You also agree that Company is under no obligation of confidentiality, express or implied, with respect to the ideas, suggestions or comments provided. Company is entitled to use and disclose all ideas, suggestions or comments for any purpose, in any way, worldwide without obligation of compensation or reimbursement of any form from Company under any circumstance.
Third Party Sites
Company may, at it’s discretion, have you review content or material on other websites or resources on the internet and other websites or resources may have links to Company’s Sites. As Customer you access third party websites at your own risk. Other websites or resources are not under the Services of Company and therefore you acknowledge that Company is not responsible or liable for the content, resources, material, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. Including of any link does not imply endorsement by Company or any association with its content, resources or material. Customer further agrees and acknowledges that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through any such website or resource.
Customer acknowledges and agrees to completely indemnify, hold harmless and defend Company, it’s suppliers, officers, agents, employees, directors, licensors, and third party information providers, or other connected parties from and against all losses, damages, costs and attorney’s fees stemming from violation of these Terms or any action, whether intentional, malicious, unintentional, wrongful or negligent, related to Customer’s account, Customer’s use of Services or any other person or persons who use Customer’s user account. Company DOES NOT indemnify Customer against such Claims made against Customer by others as a result of Customer’s use of Services.
BY USING SITES AND/OR SERVICES OF COMPANY, CUSTOMER AGREES TO INDEMNIFY AND HOLD COMPANY PARTIES HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. CUSTOMER ACKNOWLEDGES NO LAWSUIT CAN BE FILED OR RECOVER ANY DAMAGES FROM COMPANY PARTIES AS A RESULT OF COMPANY’S DECISION TO REMOVE OR REFUSE TO PROCESS ANY CONTENT PROVIDED BY CUSTOMER, TO SUSPEND OR TERMINATE CUSTOMER’S ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF COMPANY’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THE AGREEMENT.
Authorization to Enter this Agreement
Customer agrees and acknowledges that when requesting Services, Customer represents and warrants that they (he/she/it) has full right, power, capacity and authority to act on behalf of the affected parties. Customer further states that they (he/she/it) has the needed permission with Customer’s hosting provider, technology personnel, and/or any other affected party, for the Company to conduct file monitoring services. Customer agrees and acknowledges that such file monitoring services are legal in Customer’s locale. At Company’s request, Customer shall provided any supporting material, documents, web links to validate Customer’s authority to enter into this Agreement.
Modification of Terms of Service
At Company’s discretion, Company may exercise it’s right to change these Terms of Service from time to time. The modified Terms of Service will be posted on the this page. It is Customer’s responsibility to check this page for updates at their convenience. Customer agrees and acknowledges that using Services after a modification to these Terms of Service will be deemed full and adequate acceptance of the modified Terms of Service. Company reserves the right to change, modify, eliminate or make temporarily unavailable Services. New or modified Services unless explicitly stated otherwise, are subject to these same Terms of Service.
Customer agrees and acknowledges that if any term in Agreement is deemed to be invalid, unlawful or unenforceable for any reason, all other terms shall remain in force.
Any controversy or claim arising out of or relating to this Agreement, the formation of Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of Illinois. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Binding Individual Arbitration
a. Purpose. The term “Dispute” means any dispute, claim or controversy between Customer and Company regarding any Services provided, whether based in contract, statue, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section (with the exception of the enforceability of the Class Action Waiver clause included herein). “Dispute” is to be given the broadest possible meaning that will be enforced. If Customer has a Dispute with Company or any of Company’s officers, directors, employees, attorneys and agents that cannot be resolved through negotiation within the time frame defined in the “Notice of Dispute” clause below, other than those matters listed in the Exclusions from Arbitration clause, Customer and Company agree to seek resolution of the Dispute only through arbitration in accordance with the terms of this Section, and not litigate any Dispute in court. Arbitration means that Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
b. Exclusions from Arbitration. Customer and Company agree and acknowledge that any claim filed by either party in small claims court are not subject to the arbitration terms contained in this section.
c. Notice of Dispute. If Customer has a dispute with Company, Customer must send written notice to Company to give Company the opportunity to resolve the dispute informally through negotiation. Customer agrees and acknowledges to negotiate resolution of Dispute in good faith for no less than 60 days after Customer provides notice of the Dispute. If the Dispute is not resolved within 60 days from receipt of notice of Dispute, Customer or Company may pursue Customer’s claim in arbitration pursuant to the terms in this Section.
d. Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL LEGAL ACTION, UNLESS BOTH YOU AND COMPANY SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE JUNE 7, 2007.
e. Initiation of Arbitration Proceedings/Selection of Arbitrator. If Customer or Company elects to resolve Dispute through arbitration, the party initiating the arbitration proceedings may initiate it with the American Arbitration Association (“AAA”), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
f. Arbitration Procedures. Because the Service provided to Customer by Company concerns interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“Supplementary Procedures”) shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA’s Commercial Arbitration Rules, and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if a claim does not exceed $75,000 and Customer provided notice to and negotiated in good faith with the Company as described above, if the arbitrator finds that Customer is the prevailing party in the arbitration, Customer will be entitled to recover reasonable attorneys’ fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to the Company or Customer. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
g. Location of Arbitration. All claims for arbitration shall be submitted to and heard by the office of AAA located in Cook County, Illinois. Should an evidentiary hearing be required by the Arbitrator, such hearing shall be heard in Cook County, Illinois.
h. Severability. If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, and the Dispute will be decided by a court and both parties each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
i. Continuation. This Section shall survive any termination of this Agreement.
Waiver of Rights
Customer agrees and acknowledges that the only way to waive rights under these Terms is explicitly and in writing. Any failure to enforce any right under this agreement will not waive that right.
The parties are independent contractors and nothing contained in this Agreement places either in the relationship of principal and agent, master and servant, partners or members of a joint venture. 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.
The headings herein are for convenience only and are not part of this Agreement.
All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. The Company only may give written notice to Customer via electronic mail to the Customer’s electronic mail address as maintained in the Company’s billing records.
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.
No Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, terms or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer agrees and acknowledges that any third-party supplier of a product or service that is identified as a third-party beneficiary in the Services, 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 Customer as if it were a party to this Agreement.
Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.
Customer agrees and acknowledges that during the term of this Agreement the Company may publicly refer to Customer, orally and in writing, as a Customer of the Company. Any other public reference to Customer by the Company requires the written consent of Customer.